DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cancer Care SA Pty Ltd T/A Icon Cancer Care Adelaide
(AG2018/3014)

CANCER CARE SA PTY LTD T/A ICON CANCER CARE ADELAIDE AND ANMF NURSES ENTERPRISE AGREEMENT 2017-2020

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 OCTOBER 2018

Application for approval of the Cancer Care SA Pty Ltd T/A Icon Cancer Care Adelaide and ANMF Nurses Enterprise Agreement 2017-2020.

[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 2017-2020 (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 Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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 of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Nursing and Midwifery Federation (ANMF) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 October 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cancer Care SA Pty Ltd, trading as Icon Cancer Care Adelaide, applied for the approval of their enterprise agreement with the Australian Nursing and Midwifery Federation (ANMF). The matter was heard in the Fair Work Commission. The central issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was in the public interest and if it complied with the provisions of the Act, including those related to bargaining, terms and conditions, and procedural fairness.

The Commission considered the terms and conditions of the agreement, the bargaining process, and the evidence provided by both parties. The Commission found that the agreement was made in good faith and the bargaining process was fair and reasonable. The terms and conditions of the agreement were also deemed to be within the bounds of what is reasonable and necessary for the operation of a cancer care centre. The Commission concluded that the agreement was in the public interest, as it provided for fair and reasonable terms and conditions for the employees and would not have an adverse effect on the broader community.

In light of the findings, the Commission approved the agreement. The approval was granted on the condition that certain procedural changes were made to the agreement, including the removal of a clause that the Commission found to be outside the scope of the agreement. The Commission also ordered that the agreement be registered with the Fair Work Commission. The approval of the agreement ensures that the terms and conditions of employment for the employees of Cancer Care SA Pty Ltd, trading as Icon Cancer Care Adelaide, are fair and reasonable, and that the agreement is in the public interest.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established