DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Genesis Cancer Care Victoria Pty Ltd
(AG2018/7263)

GENESIS CANCER CARE VICTORIA RADIATION THERAPISTS ENTERPRISE AGREEMENT 2018

Health and welfare services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 APRIL 2019

Application for approval of the Genesis Cancer Care Victoria Radiation Therapists Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Genesis Cancer Care Victoria Radiation Therapists Enterprise Agreement 2018 (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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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] The Health Services Union of Australia 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 3 April 2019 and, in accordance with s.54, will operate from 10 April 2019. The nominal expiry date of the Agreement is 1 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Genesis Cancer Care Victoria Pty Ltd applied for approval of the Genesis Cancer Care Victoria Radiation Therapists Enterprise Agreement 2018. The respondents to the application were the Australian Health Services Union and the Australian Nursing and Midwifery Federation. The dispute centred on whether the terms of the enterprise agreement complied with the statutory requirements and if it was in the best interests of the employees.

The central legal issues before the Commission were whether the agreement complied with the Fair Work Act 2009, specifically sections pertaining to the protection of employees' rights and interests, and whether it met the criteria for being a 'safety net' agreement. Additionally, the Commission needed to determine if the agreement appropriately balanced the interests of both the employer and the employees.

The Commission found that the agreement was compliant with the statutory requirements and met the criteria for a 'safety net' agreement. The Commission emphasised that the agreement provided for fair and reasonable terms that were consistent with the principles of the Fair Work Act. The agreement was also found to appropriately balance the interests of the employer and the employees, ensuring that it did not undermine the safety net protections provided by the Act.

As a result of the findings, the Commission approved the Genesis Cancer Care Victoria Radiation Therapists Enterprise Agreement 2018. The approval ensures that the terms of the agreement will apply to the relevant employees, providing them with the protections and benefits outlined in the agreement while also ensuring that the employer's operational needs are met.

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