DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Genesis Cancer Care Victoria Pty Ltd
(AG2021/5322)

GENESIS CANCER CARE VICTORIA RADIATION THERAPISTS ENTERPRISE AGREEMENT 2020

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 JUNE 2021

Application for approval of the Genesis Cancer Care Victoria Radiation Therapists Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Genesis Cancer Care Victoria Radiation Therapists Enterprise Agreement 2020 (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 Victoria Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I note that Clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 7 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Health Services Union Victoria No. 3 Branch, trading as the Victorian Allied Health Professionals Association 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 June 2021. The nominal expiry date of the Agreement is 1 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Genesis Cancer Care Victoria Pty Ltd, a provider of cancer care services, sought approval of the Genesis Cancer Care Victoria Radiation Therapists Enterprise Agreement 2020 (the Agreement) from the Fair Work Commission. The applicants included the Australian Health Services Union (the Union) and Genesis Cancer Care Victoria Pty Ltd (the Employer). The Union represented the employees, who were radiation therapists employed by the Employer. The dispute centred around the terms and conditions of employment, as outlined in the Agreement, and the need for its formal approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the Agreement complied with the requirements of the Fair Work Act and whether it met the criteria for being a lawful and appropriate agreement. The Commission had to determine if the Agreement was made in good faith, if it complied with procedural fairness, and whether it contained all the required terms and conditions as stipulated by the Act. Additionally, the Commission had to consider if the Agreement was in the best interests of the employees and if it provided fair and reasonable outcomes for both parties.

The Commission found that the Agreement met all the necessary requirements and was in compliance with the Fair Work Act. The Agreement was made in good faith and followed the necessary procedures, ensuring procedural fairness. Furthermore, the Commission determined that the Agreement contained all the required terms and conditions, including provisions for wages, hours of work, and other employment-related matters. The Agreement was deemed to be fair and reasonable, providing benefits to the employees while also considering the interests of the Employer. Consequently, the Commission approved the Agreement, which will now be legally binding on both the Employer and the employees represented by the Union.

The final orders of the Commission included the approval of the Genesis Cancer Care Victoria Radiation Therapists Enterprise Agreement 2020, which will take effect from the date of the Commission's decision. The Agreement will govern the terms and conditions of employment for the radiation therapists employed by the Employer, ensuring a fair and balanced relationship between the parties. The Commission's decision provides certainty and stability in the employment arrangements, allowing both the Employer and the employees to move forward with confidence in their working relationship.

Genesis Cancer Care Victoria 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