DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regional Imaging Pty Ltd T/A Regional Imaging
(AG2017/6074)

REGIONAL IMAGING GIPPSLAND ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 8 JUNE 2018

Application for approval of the Regional Imaging Gippsland Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Regional Imaging Gippsland Enterprise Agreement 2017 (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 T/A Regional Imaging. 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 June 2018. The nominal expiry date of the Agreement is 1 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Regional Imaging Pty Ltd, trading as Regional Imaging, sought approval for the Regional Imaging Gippsland Enterprise Agreement 2017, which was submitted to the Fair Work Commission for endorsement. The agreement sought to govern the terms and conditions of employment for certain employees within the organisation. The application was made under the Fair Work Act 2009, which mandates that enterprise agreements must meet specific criteria to be approved.

The central legal issues before the Commission involved whether the agreement met the requirements under the Fair Work Act, including whether it provided for fair and reasonable terms and conditions, and whether it had been genuinely agreed upon by the parties involved. Additionally, the Commission needed to assess whether the agreement included appropriate provisions for minimum wages, allowances, and other entitlements, and whether it complied with the procedural requirements set forth in the legislation.

The Fair Work Commission determined that the Regional Imaging Gippsland Enterprise Agreement 2017 was fair and reasonable, and it complied with the procedural requirements of the Fair Work Act. The Commission found that the agreement provided for terms and conditions that were fair and reasonable, and it had been genuinely agreed upon by the employer and the employees. The agreement included appropriate provisions for minimum wages, allowances, and other entitlements. Consequently, the Commission approved the agreement under the Act.

The Fair Work Commission approved the Regional Imaging Gippsland Enterprise Agreement 2017, endorsing it as meeting the necessary criteria under the Fair Work Act. The decision was made on the basis that the agreement provided for fair and reasonable terms and conditions, had been genuinely agreed upon by the parties, and included appropriate provisions for minimum wages, allowances, and other entitlements. The approval ensures that the agreement will govern the employment conditions for the relevant employees as outlined in the agreement.

Regional Imaging Pty Ltd T/A Regional Imaging

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established