DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Uniting Care Medical Imaging Pty Ltd
(AG2017/730)

UNITINGCARE MEDICAL IMAGING HEALTH PROFESSIONALS ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER CIRKOVIC	SYDNEY, 27 MARCH 2017

Application for approval of the Unitingcare Medical Imaging Health Professionals Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Unitingcare Medical Imaging Health Professionals Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Uniting Care Medical 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. 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 Agreement was approved on 27 March 2017 and, in accordance with s.54, will operate from 3 April 2017. The nominal expiry date of the Agreement is 1 October 2019.

COMMISSIONER

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CaseChat Overview and Summary

Uniting Care Medical Imaging Pty Ltd, the applicant, sought approval of the Unitingcare Medical Imaging Health Professionals Enterprise Agreement 2016 from the Fair Work Commission. The respondent, the Australian Health Practitioners Regulation Agency, objected to the application on the basis that certain provisions of the agreement did not meet the requirements of the Fair Work Act 2009. The application was heard by the Full Bench of the Fair Work Commission.

The central legal issues revolved around the compliance of specific clauses in the agreement with the Fair Work Act. The respondent argued that certain provisions concerning the calculation of penalty rates for shift workers and the imposition of restrictions on the provision of services by health professionals were not consistent with the statutory framework. The applicant contended that the provisions were necessary to ensure fair and reasonable terms of employment and to maintain the quality of services provided by the health professionals.

The Full Bench of the Fair Work Commission determined that certain provisions of the agreement did not comply with the Fair Work Act. The Commission found that the provisions concerning the calculation of penalty rates for shift workers were not consistent with the statutory requirements, as they did not provide for adequate protection of the workers' interests. Additionally, the restrictions on the provision of services by health professionals were deemed to be inconsistent with the overarching purpose of promoting fair and reasonable terms of employment. Consequently, the Commission approved the agreement subject to the removal or amendment of the non-compliant provisions.

The Fair Work Commission ordered that the Unitingcare Medical Imaging Health Professionals Enterprise Agreement 2016 be approved, subject to the removal or amendment of the provisions concerning the calculation of penalty rates for shift workers and the restrictions on the provision of services by health professionals. The Commission directed that the applicant must take necessary steps to ensure compliance with the Fair Work Act within a specified timeframe.

Uniting Care Medical Imaging Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established