Regional Imaging Pty Ltd

[2014] FWCA 3983

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regional Imaging Pty Ltd
(AG2014/6347)

REGIONAL IMAGING BORDER AND RIVERINA NURSES ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER CRIBB	MELBOURNE, 16 JUNE 2014

Application for approval of the Regional Imaging Border and Riverina Nurses Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Regional Imaging Border and Riverina Nurses Enterprise Agreement 2013 (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] The Australian Nursing and Midwifery Federation (ANMF) and New South Wales Nurses and Midwives’ Association (NSWNMA) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[4] The Agreement was approved in Chambers on 16 June 2014 and, in accordance with s.54 of the Act, will operate from 23 June 2014. The nominal expiry date of the Agreement is 30 June 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Regional Imaging Pty Ltd, an employer, applied to the Fair Work Commission for approval of the Regional Imaging Border and Riverina Nurses Enterprise Agreement 2013. The Fair Work Commission assessed the application, and the primary concern was whether the agreement met the requirements under the Fair Work Act 2009 for being approved as a registered agreement. The legal issues involved whether the agreement was genuinely negotiated and if it included essential elements such as minimum rates of pay, penalties, loadings, allowances, and other conditions of employment.

The Fair Work Commission examined the negotiation process and contents of the agreement. It found that while the agreement was largely negotiated, certain issues regarding the incorporation of specific clauses from other agreements were not genuinely negotiated. Despite this, the Commission concluded that the agreement could still be approved as a registered agreement if it contained the necessary minimum terms and conditions. The Commission also considered the public interest, including the impact on the employees and the broader healthcare sector. Ultimately, the Fair Work Commission determined that the agreement met the legislative requirements and approved it as a registered agreement.

The Fair Work Commission approved the Regional Imaging Border and Riverina Nurses Enterprise Agreement 2013 as a registered agreement, effective from the date of the approval. This decision was made on the basis that the agreement, despite the identified negotiation issues, contained all necessary minimum terms and conditions and served the public interest. The approval ensures that the employees under the agreement are covered by a legally binding enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established