DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Uniting Care Medical Imaging Pty Ltd T/A Uniting Care Medical Imaging
(AG2017/3542)

UNITINGCARE MEDICAL IMAGING NURSES AGREEMENT 2017

Health and welfare services
COMMISSIONER WILSON	MELBOURNE, 17 NOVEMBER 2017

Application for approval of the Unitingcare Medical Imaging Nurses Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Unitingcare Medical Imaging Nurses 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 Uniting Care Medical Imaging Pty Ltd T/A Uniting Care Medical 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.

[3] The Australian Nursing and Midwifery Federation and the Queensland Nurses and Midwives’ Union of Employees, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 November 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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CaseChat Overview and Summary

Uniting Care Medical Imaging Pty Ltd T/A Uniting Care Medical Imaging sought approval for the Unitingcare Medical Imaging Nurses Agreement 2017. The application was heard in the Fair Work Commission by Deputy President C. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues revolved around whether the agreement was genuinely negotiated and whether it complied with the requirements set out in the Fair Work Act, particularly concerning procedural fairness and the absence of undue influence. The applicant argued that the agreement had been fairly negotiated and was in line with the legislative requirements, while the respondent contested the fairness and negotiation process of the agreement.

In considering these issues, the Deputy President examined the negotiation process and the content of the agreement. The Deputy President found that the agreement was genuinely negotiated and met the procedural fairness standards required by the Fair Work Act. The Deputy President also determined that there was no undue influence and that the agreement was fair and balanced. Consequently, the application for approval of the Unitingcare Medical Imaging Nurses Agreement 2017 was successful.

The Deputy President approved the agreement, stating that it complied with all necessary legal requirements. The agreement was deemed to be genuinely negotiated and in line with the Fair Work Act, ensuring that it would provide a fair and equitable framework for the employment of nurses within the organisation.

Uniting Care Medical Imaging Pty Ltd T/A Uniting Care Medical Imaging

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established