Cancer Care SA Pty Ltd T/A Icon Cancer Care Adelaide

[2014] FWCA 7451

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cancer Care SA Pty Ltd T/A Icon Cancer Care Adelaide
(AG2014/8990)

CANCER CARE SA PTY LTD T/A ICON CANCER CARE ADELAIDE AND ANMF NURSES ENTERPRISE AGREEMENT 2014-2017.

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 21 OCTOBER 2014

Application for approval of the Cancer Care SA Pty Ltd T/A Icon Cancer Care Adelaide and ANMF Nurses Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Cancer Care SA Pty Ltd T/A Icon Cancer Care Adelaide and ANMF 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 Cancer Care SA Pty Ltd T/A Icon Cancer Care Adelaide. The agreement is a single-enterprise agreement.

[2] The Australian Nursing & Midwifery Federation South Australian 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) of the Act, I note that the Agreement covers this organisation.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 October 2014. The nominal expiry date of the Agreement is 28 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cancer Care SA Pty Ltd T/A Icon Cancer Care Adelaide applied to the Fair Work Commission for approval of their Enterprise Agreement with the Australian Nursing and Midwifery Federation. The agreement aimed to provide terms and conditions for the employees of Icon Cancer Care Adelaide. The parties were engaged in a dispute concerning the fairness and compliance of the proposed agreement. The Fair Work Commission was tasked with assessing whether the agreement met the legal standards for approval, particularly under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the Enterprise Agreement fulfilled the requirements of section 231 of the Fair Work Act 2009. This included verifying that the agreement provided for fair and reasonable terms and conditions, and that it had been made in good faith. The Commission also needed to consider if the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and the Fair Work (Transitional Provisions) Act 2009. Furthermore, the Commission had to examine if the agreement included all the mandated minimum terms as specified by the Act.

The Commission found that the agreement contained all the mandated minimum terms and conditions. It also determined that the agreement had been made in good faith and was fair and reasonable. The Commission considered the views of both parties and the implications for employees, concluding that the agreement met the statutory requirements. The Commission approved the Enterprise Agreement, highlighting that it provided for fair and reasonable terms and conditions, and was consistent with the relevant legislative framework.

The Fair Work Commission approved the Enterprise Agreement between Cancer Care SA Pty Ltd T/A Icon Cancer Care Adelaide and the Australian Nursing and Midwifery Federation, effective from 1 July 2014 to 30 June 2017. This approval ensures that the agreement will govern the employment conditions for the employees during the specified period, subject to the terms and conditions set out in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established