Genesis Cancer Care Victoria Pty Limited

[2024] FWCA 4328

[2024] FWCA 4328

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Genesis Cancer Care Victoria Pty Limited

(AG2024/4373)

GENESIS CANCER CARE VICTORIA RADIATION THERAPISTS ENTERPRISE AGREEMENT 2024

Health and welfare services
DEPUTY PRESIDENT GRAYSON	SYDNEY, 5 DECEMBER 2024

Application for approval of the Genesis Cancer Care Victoria Radiation Therapists Enterprise Agreement 2024

Introduction

1. Genesis Cancer Care Victoria Pty Limited (the Employer) has made an application for approval of an enterprise agreement known as the Genesis Cancer Care Victoria Radiation Therapists Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 18 September 2023 and the Agreement was made on 24 October 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

Notice of Employee Representational Rights (NERR)

1. The NERR was erroneous in that the name of the proposed enterprise agreement was incorrect, referring to the ‘2023’ Agreement. The title clause of the Agreement describes it as the ‘Genesis Cancer Care Victoria Radiation Therapists Enterprise Agreement 2024’. The Employer provided submissions that this matter constituted a minor technical error.

1. I am satisfied having regard to those submissions and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] that these matters constituted minor technical or procedural errors for the purposes of s.188(5) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the errors.

Model Flexibility Term

1. The Agreement does not contain a flexibility term that meets the requirements of s.203 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Delegates’ Rights Term

1. The Agreement does not contain a delegates’ rights term, as required by s.205A(1) of the Act. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term from the Health Professionals and Support Services Award 2020 is taken to be a term of the Agreement.

Section 186, 187, and 188

1. 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.

Section 183 Bargaining Representatives

1. The Health Services Union (HSU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

1. In accordance with s.201(2), I note that the Agreement covers the HSU.

Approval

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 December 2024.The nominal expiry date of the Agreement is 1 October 2027.

DEPUTY PRESIDENT

[1] [2019] FWCFB 318.

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