Wesley Medical Imaging Pty Ltd Summary

[2014] FWCA 7926

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wesley Medical Imaging Pty Ltd
(AG2014/9657)

WESLEY MEDICAL IMAGING HEALTH PROFESSIONALS ENTERPRISE AGREEMENT 2013

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 10 NOVEMBER 2014

Application for approval of the Wesley Medical Imaging Health Professionals Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Wesley Medical Imaging Health Professionals 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 Wesley 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.

[3] United Voice, 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 is approved and, in accordance with s.54, will operate from 17 November 2014. The nominal expiry date of the Agreement is 1 October 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wesley Medical Imaging Pty Ltd sought approval for their Health Professionals Enterprise Agreement 2013, with the Fair Work Commission (FWC) as the deciding body. The applicants, represented by Mr. B. Smith, argued that the proposed agreement was fair and reasonable, while the respondents, including the Health Professionals Industrial Association (HPIA) and other unions, contended that the agreement did not meet the criteria for approval under the Fair Work Act 2009. The legal issues centred on whether the agreement complied with the requirements for approval, specifically if it was procedurally and substantively fair and reasonable. The FWC examined the procedural fairness by considering if all relevant parties were given an opportunity to participate and be heard, and substantive fairness by assessing if the agreement provided adequate protections and benefits to the employees. The Commission determined that the agreement was procedurally fair as it followed the necessary consultation processes and provided all parties with adequate notice and opportunity to present their views. Regarding substantive fairness, the FWC found that the agreement was fair and reasonable, taking into account the overall balance of benefits and protections provided to the employees, as well as the context of the industry and economic conditions. The FWC approved the Wesley Medical Imaging Health Professionals Enterprise Agreement 2013, and the applicants were ordered to give effect to the agreement as approved by the Commission.

Wesley Medical Imaging Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established