DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Genesis Cancer Care QLD Pty Ltd
(AG2016/5148)

GENESIS CANCER CARE QLD PTY LTD HEALTH PROFESSIONALS ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 27 SEPTEMBER 2016

Application for approval of the Genesis Cancer Care QLD Pty Ltd Health Professionals Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Genesis Cancer Care QLD Pty Ltd Health Professionals Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Genesis Cancer Care QLD Pty Ltd. 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] United Voice, 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 4 October 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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<Price code G, AE421359 PR585872

CaseChat Overview and Summary

Genesis Cancer Care QLD Pty Ltd applied to the Fair Work Commission for the approval of the Health Professionals Enterprise Agreement 2016. The dispute arose from the disagreement over certain provisions within the agreement, specifically related to classification and remuneration of health professionals employed by the company. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and if it should be approved and registered.

The primary legal issues for the Commission to decide were whether the agreement provided for the proper classification of health professionals, if the remuneration terms were fair and reasonable, and whether the agreement complied with the procedural requirements outlined in the Fair Work Act. Additionally, the Commission had to consider the fairness of the agreement, taking into account the interests of both the employees and the employer.

In reaching its decision, the Commission considered the evidence presented by both parties, the relevant provisions of the Fair Work Act, and the principles of good faith bargaining. The Commission found that the classification and remuneration provisions in the agreement were fair and reasonable, and that the agreement complied with all procedural requirements. Furthermore, the Commission was satisfied that the agreement was made in good faith and that it was fair and reasonable in all the circumstances. As such, the Commission approved the agreement and ordered its registration.

The Commission's final order was that the Health Professionals Enterprise Agreement 2016 be approved and registered. This decision ensures that the agreement will have legal effect and will govern the employment conditions of the health professionals in question. The approval of the agreement facilitates a stable and fair working environment for both the employees and the employer, while also adhering to the statutory requirements of the Fair Work Act.

Genesis Cancer Care QLD Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established