Genesis Cancer Care Victoria Pty Limited T/A GenesisCare

[2022] FWCA 3340

[2022] FWCA 3340

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Genesis Cancer Care Victoria Pty Limited T/A GenesisCare

(AG2022/3867)

Genesis Cancer Care Victoria Nurses EnterpriseAgreement 2021

Health and welfare services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 27 SEPTEMBER 2022

Application for approval of the Genesis Cancer Care Victoria Nurses Enterprise Agreement 2021

1. An application has been made for approval of an enterprise agreement known as the Genesis Cancer Care Victoria Nurses Enterprise Agreement 2021 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Genesis Cancer Care Victoria Pty Limited T/A GenesisCare. The Agreement is a single enterprise agreement.

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.

1. I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES:

• Clause 31.4 of the Agreement allows for substitution of public holidays by majority agreement. Section 115(3) of the Act allows for substitution on agreement with an individual employee only.
• Clause 32.5(a) of the Agreement requires employees to provide two hours’ notice (or 1 hour, if rostered to commence prior to 7am) of absence unless they have a good reason for not doing so. Further, clause 32.7(c) requires employees to give notice of absence of carer’s leave at the first opportunity on the day of the absence. Section 107(2)(a) of the Act provides that employees must provide notice as soon as practicable.

1. The Australian Nursing and Midwifery Federation, 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.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 4 October 2022. The nominal expiry date of the Agreement is 1 July 2026.

DEPUTY PRESIDENT

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