DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Wesley Medical Imaging Pty Ltd
(AG2015/1760)

WESLEY MEDICAL IMAGING NURSES ENTERPRISE AGREEMENT 2014-2017

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 11 FEBRUARY 2015

Application for approval of the Wesley Medical Imaging Nurses Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Wesley Medical Imaging Nurses Enterprise Agreement 2014-2017 (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 ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Queensland Nurses 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) of the Act, I note that the Agreement covers these organisations.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wesley Medical Imaging Pty Ltd was before the Fair Work Commission. The dispute centred around the application for approval of the Wesley Medical Imaging Nurses Enterprise Agreement 2014-2017. The applicants sought to have this enterprise agreement approved under the Fair Work Act 2009. The legal issues before the court involved whether the agreement met the statutory requirements for approval, specifically whether it passed the ‘better off overall test’ (BOOT) and adhered to the procedural requirements of the Fair Work Act.

The court examined whether the agreement provided employees with at least the national minimum entitlements as stipulated in the relevant awards and if it offered them a benefit that was better than what they would have received under those awards. This involved a detailed analysis of the terms and conditions of the proposed agreement in comparison to the relevant award provisions. Additionally, the court assessed whether the agreement was made in good faith and whether the necessary consultation processes were followed.

In its reasoning, the Fair Work Commission found that the agreement did indeed meet the BOOT, as it provided employees with better terms and conditions than those stipulated in the relevant awards. The court also confirmed that the necessary procedural requirements had been met, including proper consultation with the employees. As a result, the application for approval of the Wesley Medical Imaging Nurses Enterprise Agreement 2014-2017 was approved.

The final orders of the Fair Work Commission approved the enterprise agreement, recognising it as a valid and legally binding agreement between the employer and the employees, effective from the specified period. The agreement was to be registered and would provide the basis for the terms and conditions of employment for the nurses at Wesley Medical Imaging during the 2014-2017 period.

Wesley 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