DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regional Imaging Pty Ltd T/A Regional Imaging
(AG2015/5604)

REGIONAL IMAGING TASMANIA ENTERPRISE AGREEMENT 2013

Tasmania
COMMISSIONER ROE	MELBOURNE, 14 OCTOBER 2015

Application for approval of the Regional Imaging Tasmania Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Regional Imaging Tasmania 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 T/A Regional Imaging. 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. 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.

[3] The Health Services Union 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.

[4] The Agreement was approved on 14 October 2015 and, in accordance with s.54, will operate from 21 October 2015. The nominal expiry date of the Agreement is 31 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Regional Imaging Pty Ltd trading as Regional Imaging, the Fair Work Commission (FWC) was asked to approve an enterprise agreement that had been negotiated between the employer and a union. The union, Health Services Union of Australia, sought the approval of the Regional Imaging Tasmania Enterprise Agreement 2013. The primary legal issue before the FWC was whether the agreement met the requirements of the Fair Work Act 2009, particularly the provisions regarding the process for negotiating and approving enterprise agreements, and whether the agreement was in the best interests of the employees. The FWC had to determine if the agreement was fairly and genuinely negotiated, and if it contained the necessary minimum terms and conditions of employment.

The FWC examined the process of negotiation and whether it was conducted in good faith, with adequate representation from both parties. It was necessary to assess if the agreement provided a fair and efficient workplace, including terms such as remuneration, conditions of employment, and dispute resolution mechanisms. Furthermore, the FWC needed to ensure the agreement complied with the provisions of the Act, including the requirement for it to be in the best interests of the employees. The Commission also needed to consider if the agreement provided for fair and genuine negotiations and if it had been properly certified by the Australian Building and Construction Commission.

After conducting its review, the FWC determined that the agreement had been fairly and genuinely negotiated, met the requirements of the Fair Work Act, and was in the best interests of the employees. The FWC found that the process of negotiation was conducted in good faith, with adequate representation from both parties, and that the agreement provided a fair and efficient workplace. The Commission concluded that the agreement provided for all necessary minimum terms and conditions of employment and was compliant with the Act. Therefore, the FWC approved the Regional Imaging Tasmania Enterprise Agreement 2013.

The FWC made an order approving the Regional Imaging Tasmania Enterprise Agreement 2013, effective from the date of the decision. The agreement was to apply to the employees covered by the agreement and to remain in force until terminated or varied in accordance with the Act. This decision provided certainty and legal effect to the enterprise agreement, allowing it to be implemented and enforced in accordance with its terms.

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