Genesis Cancer Care Queensland Pty Limited T/A GenesisCare

[2022] FWCA 2692

[2022] FWCA 2692

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Genesis Cancer Care Queensland Pty Limited T/A GenesisCare

(AG2022/2400)

Genesis Cancer Care QLD Pty Limited Health Professionals Enterprise Agreement 2021

Health and welfare services
DEPUTY PRESIDENT MOLTONI	BRISBANE, 9 AUGUST 2022

Application for approval of the Genesis Cancer Care QLD Pty Limited Health Professionals Enterprise Agreement 2021

1. An application has been made for approval of an enterprise agreement known as the Genesis Cancer Care QLD Pty Limited Health Professionals Enterprise Agreement 2021 (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 Limited (the Applicant). The agreement is a single enterprise agreement.

1. The Applicant has provided written undertakings. 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.

1. The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

1. Pursuant to s.190(3) of the Act, I accept the undertakings.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 26.2(c) – Personal/Carer’s Leave notice requirements.

·   Clause 25.5 – Public Holiday Substitution rights of individuals not to agree.

·   Clause 30.2 – Community Service Leave notice requirements.

·   Clause 27 – Compassionate Leave

However, noting clause 7.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The United Workers’ Union (UWU) 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 UWU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

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