Genesis Cancer Care Victoria Pty Limited Summary

[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

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

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)

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.

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

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

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

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

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.

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

Approval

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.

Printed by authority of the Commonwealth Government Printer

Genesis Cancer Care Victoria Pty Limited applied for approval of the Genesis Cancer Care Victoria Radiation Therapists Enterprise Agreement 2024. The application was brought before the Fair Work Commission. The agreement in question was entered into between the company and the Australian Health Services Union. The union represented the company's radiation therapists, who were classified as employees of the company.

The legal issues before the commission were whether the agreement complied with the requirements of the Fair Work Act 2009, including whether it contained the necessary minimum terms and conditions, and whether it was made in good faith and without coercion. The commission also considered whether the agreement was likely to have a beneficial effect on the productivity of the workplace.

The commission found that the agreement contained the necessary minimum terms and conditions and was made in good faith and without coercion. The commission was satisfied that the agreement was likely to have a beneficial effect on the productivity of the workplace by providing a clear framework for the negotiation of future agreements and by promoting stability and certainty in the workplace. The commission approved the agreement, noting that it would contribute to the efficient operation of the workplace and the provision of high-quality care to patients.

No further orders were made by the commission. The agreement was approved as presented, and the union and the company were directed to take all necessary steps to give effect to the agreement.

Genesis Cancer Care Victoria Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established