DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regional Imaging Pty Ltd
(AG2016/4454)

REGIONAL IMAGING BORDER AND RIVERINA ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 1 SEPTEMBER 2016

Application for approval of the Regional Imaging Border and Riverina Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Regional Imaging Border and Riverina Enterprise Agreement 2015. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Regional Imaging Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Health Services Union of Australia being a bargaining representative for the Agreement has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 September 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

Regional Imaging Pty Ltd sought approval of the Regional Imaging Border and Riverina Enterprise Agreement 2015. The application was brought before the Fair Work Commission. The dispute involved the terms and conditions of employment of certain employees within the company, specifically those covered by the agreement. The legal issues before the court were whether the agreement complied with the relevant legislative requirements and if it was in the best interest of the employees.

The Fair Work Commission considered the provisions of the Fair Work Act 2009 and relevant case law in determining the validity of the enterprise agreement. Key considerations included whether the agreement had been genuinely negotiated and if it covered the necessary procedural and substantive matters. The court also examined if the agreement would result in employees being worse off overall and if it met the requirements of being a simple, fair and portable agreement. Ultimately, the court found that the agreement did meet the necessary criteria.

After careful consideration of the evidence and arguments presented, the Fair Work Commission approved the Regional Imaging Border and Riverina Enterprise Agreement 2015. The court concluded that the agreement had been genuinely negotiated, covered the required matters and was in the best interest of the employees. The agreement was found to be simple, fair and portable, and did not result in employees being worse off overall. As a result, the application for approval was granted.

Regional Imaging Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established