DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EMROC Pty Ltd T/A Genesis Cancer Care
(AG2018/1305)

GENESIS CANCER CARE VICTORIA MEDICAL PHYSICISTS ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 8 AUGUST 2018

Application for approval of the Genesis Cancer Care Victoria Medical Physicists Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Genesis Cancer Care Victoria Medical Physicists Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by EMROC Pty Ltd T/A Genesis Cancer Care. The Agreement is a single enterprise agreement.

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

[3] The Health Services Union of Australia 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 August 2018. The nominal expiry date of the Agreement is 1 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

EMROC Pty Ltd, trading as Genesis Cancer Care, applied for approval of the Genesis Cancer Care Victoria Medical Physicists Enterprise Agreement 2017 before the Fair Work Commission. The agreement aimed to regulate the terms and conditions of employment for medical physicists within the organisation. The dispute centred on whether the agreement complied with the relevant legislative provisions and if it adequately covered the employees' rights and protections.

The legal issues before the court revolved around the interpretation and application of the Fair Work Act 2009. Specifically, the court had to determine if the agreement met the criteria for registration as a single-enterprise agreement and if it complied with the procedural fairness requirements. The court also had to assess whether the agreement provided fair and reasonable terms for the employees, in line with the statutory objectives of the Act.

In reaching its decision, the Fair Work Commission considered the content of the agreement and its implications for the employees. The Commission noted that the agreement contained comprehensive provisions that addressed the employees' wages, hours of work, leave entitlements, and other conditions of employment. The Commission was satisfied that the agreement complied with the statutory requirements and provided fair and reasonable terms for the employees. Consequently, the court approved the Genesis Cancer Care Victoria Medical Physicists Enterprise Agreement 2017 for registration.

The Fair Work Commission's decision was based on a thorough analysis of the agreement's provisions and its alignment with the legislative framework. The Commission determined that the agreement met all the necessary criteria for registration and provided an appropriate balance between the interests of the employer and the employees. As a result, the court granted approval for the agreement, which will now govern the employment conditions of medical physicists within Genesis Cancer Care Victoria.

EMROC Pty Ltd T/A Genesis Cancer Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established