s.236 - Majority support determination

Application for a majority support determination - whether majority support - whether fairly chosen - whether reasonable in circumstances - determination made

[1] The United Workers Union (UWU) is seeking to bargain with Qscan Services Pty Limited (Qscan) for an enterprise agreement that will cover Qscan and its employees based at the Eastern Creek Depot who are employed as Radiographers, Sonographers, Magnetic Resonance Imaging Technologists, and Nuclear Medicine Technologists who would otherwise be covered under the Health Professionals and Services Award 2020 ( "Award") at all sites in the State of Queensland (Qld) and Tweed Heads in the State of New South Wales (NSW). Qscan has not yet agreed to bargain or initiated bargaining for an enterprise agreement in relation to the employees. Qscan does not seek to oppose the application.

[2] I have decided to grant the application for a majority support determination on the papers. These are my reasons.

[3] On 20 February 2026, the UWU wrote to Qscan and asked that it agree to commence bargaining for an enterprise agreement in relation to the employees.

[4] On 6 March 2026, Qscan advised the UWU that it "does not agree to enter Enterprise Agreement negotiations at this stage".

[5] On 20 March 2026, the UWU applied for a majority support determination under section 236 of the Fair Work Act 2009 (Cth) (the Act). The determination is sought in relation to:

"all employees employed as Radiographers, Sonographers, Magnetic Resonance Imaging Technologists, and Nuclear Medicine Technologists who would otherwise be covered under the Health Professionals and Services Award 2020 at all sites in the State of Queensland (Qld) and Tweed Heads in the State of New South Wales (NSW)."

[6] The UWU have provided the Commission with an unredacted petition signed by employees at the Eastern Creek Depot. The question on the petition is this:

"1. We, the undersigned employees of Qscan Services Pty Ltd (ABN 35123068002) want to bargain for an Enterprise Agreement with our employer covering all employees employed as Radiographers, Sonographers, Magnetic Resonance Imaging Technologies, and Nuclear Medicine Technicians who would otherwise be covered under the Health Professionals and Services Award 2020 ("Award") at all sites in the State of Queensland (Qld) and Tweed Heads in the State of New South Wales (NSW).

2. We confirm that the United Workers Union has provided us with information about collective agreement and the enterprise bargaining process."

[7] The UWU submits and I accept that that Nuclear Medicine Technologists, who are also commonly referred to as 'Nuclear Med Techs', have mistakenly been listed on the majority support petition as 'Nuclear Medicine Technicians'.

[8] According to the UWU's application, employees who signed the petition were those who are sought to be covered.

[9] On 23 March 2024, I directed Qscan to file a list of all current employees who would be covered by the proposed agreement on a confidential basis. Qscan complied with the direction and provided the relevant list of employees as at 26 March 2026. I compared the list with the names recorded on the UWU's unredacted petition that was provided at my direction of 26 March 2026. Having done so, I am satisfied that a majority of relevant employees want to bargain with Qscan for an enterprise agreement.

[10] The UWU submits that the group of employees to be covered by the proposed agreement are geographically distinct because they are engaged to perform work at the respondent's sites all across Qld, and at one site just across the Qld/NSW border, in Tweed Heads. The UWU also submits that the group of employees is operationally distinct by reference to their Award coverage and classification.

[11] I am satisfied that the group of employees is operationally and geographically distinct and that it was fairly chosen.

[12] The employees are Award-covered. A majority of the group wishes to bargain for an enterprise agreement. In the absence of agreement from Qscan to do so, they are entitled to seek a majority support determination from the Commission. The application otherwise meets the requirements of the Act and absent any basis for concern about the reasonableness of making the determination, it is appropriate that I give effect to the underlying policy to which sections 236 and 237 are directed. For these reasons, I am satisfied that it is reasonable in all the circumstances to make the determination.

[13] As I am satisfied that the conditions precedent to the making of a majority support determination have been met, the application must be granted. The determination will issue separately and will come into operation today.

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