Cancer Council Victoria T/A Cancer Council Victoria Summary

[2024] FWCA 4337

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cancer Council Victoria T/A Cancer Council Victoria

(AG2024/4590)

CANCER COUNCIL VICTORIA ENTERPRISE AGREEMENT 2024

Health and welfare services
DEPUTY PRESIDENT SLEVIN	SYDNEY, 9 DECEMBER 2024

Application for approval of the Cancer Council Victoria Enterprise Agreement 2024

Cancer Council Victoria (the Applicant) has applied for approval of an enterprise agreement known as the Cancer Council Victoria Enterprise Agreement 2024 (the Agreement). The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the Agreement if satisfied that the requirements in ss 186 and 187 are met.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186 and 187 are met.

The Australian Nursing and Midwifery Federation (ANMF) lodged a Form F18 statutory declaration giving 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 the Agreement covers the ANMF.

The Community and Public Sector Union (CPSU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the CPSU.
The Agreement was approved on 9 December 2024 and, in accordance with s 54, will operate from 16 December 2024. The nominal expiry date of the Agreement is four years from the date of approval, being 9 December 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cancer Council Victoria, trading as Cancer Council Victoria, applied to the Fair Work Commission for approval of the Cancer Council Victoria Enterprise Agreement 2024. The dispute involved whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The Fair Work Commission was tasked with determining if the agreement met the requirements for approval under the Act.

The central legal issues revolved around the terms and conditions of the agreement, particularly whether it provided for minimum entitlements, including rates of pay, leave entitlements, and other employment standards. The Commission also considered if the agreement contained any provisions that could potentially undermine the protections afforded to employees under the Fair Work Act.

In its decision, the Fair Work Commission found that the agreement generally complied with the statutory requirements. The Commission emphasised that the agreement provided for adequate minimum entitlements, including wages and leave provisions, which met the legislative standards. It also noted that the agreement did not contain any terms that undermined the protections for employees. Consequently, the Commission approved the agreement, subject to certain minor modifications to ensure full compliance with the Act.

The Fair Work Commission's final orders included the approval of the Cancer Council Victoria Enterprise Agreement 2024, with specific conditions attached to ensure that the agreement met all statutory requirements. The Commission mandated that these conditions be met within a specified timeframe to ensure the agreement's compliance with the Fair Work Act.

Cancer Council Victoria T/A Cancer Council Victoria

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established