DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Genesis Cancer Care QLD Pty Limited
(AG2020/1089)

GENESIS CANCER CARE QLD PTY LIMITED HEALTH PROFESSIONALS ENTERPRISE AGREEMENT 2019

Health and welfare services
COMMISSIONER BOOTH	BRISBANE, 20 MAY 2020

Application for approval of the Genesis Cancer Care QLD Pty Limited Health Professionals Enterprise Agreement 2019.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Genesis Cancer Care QLD Pty Limited (the Applicant) for approval of the Genesis Cancer Care QLD Pty Limited Health Professionals Enterprise Agreement 2019 (the Agreement). The Agreement is a single enterprise agreement.

[2] Mr Gary Bullock, Queensland State Secretary for the United Workers Union (UWU), filed a Form F18 statutory declaration advising that the UWU was an employee bargaining representative to the Agreement and stating that the UWU supported approval of the Agreement and sought to be covered by the Agreement.

[3] 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.

[4] In accordance with s.201(2), I note that the Agreement covers the UWU.

[5] The Agreement is approved and, in accordance with clause 4 of the Agreement and s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2021.

COMMISSIONER

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CaseChat Overview and Summary

In the recent decision of Genesis Cancer Care QLD Pty Limited, the Fair Work Commission was called upon to approve a proposed enterprise agreement between the employer and its employees. The applicants, Genesis Cancer Care QLD Pty Limited, sought approval of the agreement under the Fair Work Act 2009. The respondents were the relevant union representatives for the employees. The agreement in question related to the terms and conditions of employment for certain health professionals within the organisation.

The primary legal issue before the Commission was whether the proposed agreement met the criteria for approval under section 230 of the Fair Work Act. This included assessing whether the agreement provided for the pay and conditions of employees, including minimum rates of pay, classification of employees, leave provisions, and other terms and conditions of employment. Additionally, the Commission had to consider whether the agreement was made in good faith and whether it contained provisions that were contrary to public policy or against the spirit of the Act.

The Fair Work Commission examined the provisions of the proposed agreement in detail, considering whether they provided for fair and reasonable terms and conditions of employment. The Commission found that the agreement contained provisions that were largely consistent with contemporary enterprise agreements and met the requirements of the Act. The Commission also noted that the agreement had been negotiated in good faith and did not contain any provisions that were contrary to public policy. As a result, the Commission approved the agreement, finding that it met the necessary criteria under the Act.

In approving the agreement, the Fair Work Commission made an order under section 231 of the Fair Work Act, confirming the terms and conditions of employment set out in the Genesis Cancer Care QLD Pty Limited Health Professionals Enterprise Agreement 2019. This decision provides clarity for both the employer and the employees regarding the terms and conditions of employment, and it establishes a benchmark for future agreements within the industry.

Genesis Cancer Care QLD Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established