Regional Imaging Pty Ltd

[2013] FWCA 3874

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regional Imaging Pty Ltd
(AG2013/6746)

REGIONAL IMAGING TASMANIA NURSES AGREEMENT 2012

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 18 JUNE 2013

Application for approval of the Regional Imaging Tasmania Nurses Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Regional Imaging Tasmania Nurses Enterprise Agreement 2012 (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 Agreement is approved and, in accordance with s.54, will operate from 25 June 2013. The nominal expiry date of the Agreement is 1 October 2015.

[4] The Australian Nursing Federation (Tasmanian Branch), 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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of the Regional Imaging Tasmania Nurses Enterprise Agreement 2012, with Regional Imaging Pty Ltd being the employer and the Health Services Union of Australia the employee representative. The dispute centred on whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the employer challenged the fairness of certain provisions regarding shift penalties and allowances, contending that they were not reasonably capable of being characterised as necessary to protect the welfare of the employees.

The Commission examined whether the provisions in question were necessary to ensure fair treatment of the employees and whether they were consistent with the principles of procedural and substantive fairness. The Commission considered the evidence presented by both parties, including expert testimony on industry standards and the impact of the proposed provisions on the employees' working conditions. The Health Services Union of Australia argued that the provisions were necessary to protect the employees' welfare, particularly given the demanding nature of the nursing work.

After reviewing the evidence and arguments, the Commission found that the provisions in the agreement were necessary to protect the welfare of the nurses and were therefore reasonably capable of being characterised as fair. The Commission concluded that the provisions did not unfairly disadvantage the employees and were consistent with the principles of procedural and substantive fairness. Consequently, the Commission approved the Regional Imaging Tasmania Nurses Enterprise Agreement 2012.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established