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austlii:cth/FWCA/2026/536
General information, not legal advice.
FWCA
2026-03-02
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Lumus Imaging (Queensland) Pty Ltd Trading as Lumus Imaging
LUMUS IMAGING QUEENSLAND ENTERPRISE AGREEMENT 2025
Application for approval of the Lumus Imaging Queensland Enterprise Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the Lumus Imaging Queensland Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lumus Imaging (Queensland) Pty Ltd Trading AS Lumus Imaging (the Applicant). The Agreement is a single enterprise agreement.
[2] The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
Clause 12.2 provides for compassionate leave, however the clause does not appear to provide that leave may be taken for miscarriage or birth of a stillborn child as per s106 of the Act.
Clause 9.3 of the Agreement provides that if an employee and the Employer agree (or a majority of affected employees and the Employer agree), another day may be substituted for any of the holidays listed in Clause 9.1- Payment for Public Holidays. This appears to be inconsistent with s.115(3) of the Act.
[5] Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
[6] The United Workers' Union and the Australian Nursing and Midwifery Federation (the Unions) lodged Form F18 statutory declarations giving notice under s.183 of the Act that they wants the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the Unions.
[7] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 August 2028.
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