DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regional Imaging Pty Ltd T/A Regional Imaging
(AG2015/5801)

REGIONAL IMAGING NORTHERN TERRITORY ENTERPRISE AGREEMENT 2014

Northern Territory
COMMISSIONER MCKENNA	SYDNEY, 2 NOVEMBER 2015

Application for approval of the Regional Imaging Northern Territory Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Regional Imaging Northern Territory Enterprise Agreement 2014 (“the Agreement”). The application has been made by Regional Imaging Pty Ltd T/A Regional Imaging (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. The applicant has provided written undertakings addressing miscellaneous matters; among those matters is an undertaking to provide that part-time employees who work in excess of their agreed hours receive appropriate overtime payments. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] United Voice Northern Territory Branch concurs with the undertakings and has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 8 July 2017.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Regional Imaging Pty Ltd, trading as Regional Imaging, applied for approval of the Regional Imaging Northern Territory Enterprise Agreement 2014. The applicant, a medical imaging services provider, sought to have the agreement recognised as a certified agreement under the Fair Work Act 2009. The dispute arose from negotiations between Regional Imaging and their employees represented by the Health Services Union of Australia, aiming to establish terms and conditions of employment for the workforce.

The primary legal issue before the court was whether the agreement met the criteria for approval under the Fair Work Act. Specifically, the court had to determine if the agreement was made in good faith, involved genuine negotiations, and included appropriate processes for resolving disputes. Additionally, the court needed to assess whether the agreement complied with the minimum entitlements set out in the relevant industrial instrument and whether it was fair and reasonable.

The court found that the agreement satisfied the requirements for approval. It was established that the agreement was the product of genuine negotiations, with the employer and union representatives engaging in a comprehensive bargaining process. The court also concluded that the agreement included adequate dispute resolution mechanisms and did not contravene any minimum entitlements. Furthermore, the court determined that the agreement was fair and reasonable, taking into account the context of the industry and the interests of both parties.

The court approved the Regional Imaging Northern Territory Enterprise Agreement 2014, certifying it as a registered agreement under the Fair Work Act. This decision allows the agreement to come into effect and bind all parties, ensuring that the terms and conditions of employment are legally recognised and enforceable.

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