DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regional Imaging Pty Ltd
(AG2016/3285)

REGIONAL IMAGING GIPPSLAND ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER ROE	MELBOURNE, 1 JULY 2016

Application for approval of the Regional Imaging Gippsland Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Regional Imaging Gippsland Enterprise Agreement 2014 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 1 July 2016 and, in accordance with s.54, will operate from 8 July 2016. The nominal expiry date of the Agreement is 1 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Regional Imaging Pty Ltd sought approval of the Regional Imaging Gippsland Enterprise Agreement 2014 from the Fair Work Commission. The respondent, the Health Services Union, opposed the approval, arguing that the agreement contained terms that were not fair and reasonable. The matter was heard in the Fair Work Commission, with Deputy President G.J. Richards presiding.

The central legal issue was whether the terms of the agreement were fair and reasonable, as required by section 234 of the Fair Work Act 2009. This involved examining whether the agreement provided for fair and reasonable terms and conditions for the employees covered by the agreement, and whether the agreement had been made in good faith and without coercion. The court also needed to consider whether the agreement complied with relevant national employment standards and whether it was consistent with the principles of the Fair Work Act.

The Fair Work Commission found that the agreement provided for fair and reasonable terms and conditions for the employees, and that it had been made in good faith and without coercion. The Commission determined that the agreement complied with relevant national employment standards and was consistent with the principles of the Fair Work Act. The opposition to the agreement was rejected, and the application for approval was granted. The agreement was approved as a certified agreement, which means that it will be protected from challenge in the courts and will be deemed to be in effect for the duration of its term.

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