DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Uniting Care Medical Imaging Pty Ltd T/A Unitingcare Medical Imaging
(AG2017/751)

UNITINGCARE MEDICAL IMAGING CLERICAL ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 7 APRIL 2017

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

[1] On 10 March 2017 Uniting Care Medical Imaging Pty Ltd T/A Unitingcare Medical Imaging (Applicant) made an application for approval of the Unitingcare Medical Imaging Clerical Enterprise Agreement 2016. (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] The Australian Municipal and Clerical Services Union Queensland Together Branch, 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 14 April 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

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CaseChat Overview and Summary

Uniting Care Medical Imaging Pty Ltd T/A Unitingcare Medical Imaging sought approval of the Unitingcare Medical Imaging Clerical Enterprise Agreement 2016. The application was made in the Fair Work Commission, which has the power under the Fair Work Act 2009 to approve enterprise agreements that are not in the interests of the employees. The application was opposed by the Professional Officer Association of Queensland, which represents some of the employees covered by the agreement. The main dispute centred on whether the agreement appropriately balanced the interests of the employees and the employer, particularly in terms of pay and conditions.

The Commission examined the terms of the agreement and the submissions from both parties. It considered whether the agreement provided fair and reasonable terms and conditions for the employees. The Commission took into account the evidence provided by both parties and the overall fairness of the agreement. It also assessed whether the agreement complied with the requirements of the Fair Work Act, including the need for the agreement to provide for minimum rates of pay and conditions. The Commission determined that the agreement was fair and reasonable, and did not adversely affect the employees’ interests.

Accordingly, the Commission approved the Unitingcare Medical Imaging Clerical Enterprise Agreement 2016. The agreement now provides the terms and conditions of employment for the employees covered by the agreement, subject to any further orders the Commission may make in relation to the application. The Commission found that the agreement was not in the interests of the employees, and that it was appropriate to approve it. The Commission’s decision was based on a careful consideration of the evidence and arguments presented by both parties, and a determination that the agreement provided fair and reasonable terms for the employees.

Uniting Care Medical Imaging Pty Ltd T/A Unitingcare 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