Genesis Cancer Care Victoria Pty Ltd T/A Genesiscare

[2023] FWCA 1015

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Genesis Cancer Care Victoria Pty Ltd T/A Genesiscare

(AG2023/651)

GENESIS CANCER CARE VICTORIA PATIENT SERVICES ENTERPRISE AGREEMENT 2022

Health and welfare services
COMMISSIONER WILSON	MELBOURNE, 11 APRIL 2023

Application for approval of the Genesis Cancer Care Victoria Patient Services Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Genesis Cancer Care Victoria Patient Services Enterprise Agreement 2022 (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 T/A Genesiscare. The Agreement is a single enterprise agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 April 2023. The nominal expiry date of the Agreement is 1 October 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Genesis Cancer Care Victoria Pty Ltd T/A Genesiscare sought approval of a patient services enterprise agreement (PSEA) from the Fair Work Commission (FWC). The dispute arose from the negotiation process between the employer and the Health Professionals and Officers Association (HPOA). The FWC was tasked with determining whether the agreement met the requirements under the Fair Work Act 2009.

The central legal issue before the FWO was whether the agreement was a genuine bargaining outcome, as required by the Fair Work Act. The employer argued that the agreement reflected fair and genuine negotiations, while the HPOA contended that the agreement did not adequately reflect the outcomes of proper bargaining and failed to meet certain legal standards. The FWC had to examine the negotiation process, the content of the agreement, and whether it complied with the relevant legislative provisions.

The FWC concluded that the agreement was a genuine bargaining outcome, noting that the negotiation process was conducted in good faith and that the terms of the agreement were fair and reasonable. The FWC found that the employer had engaged with the HPOA throughout the bargaining process, and that the agreement reflected the parties' efforts to reach a fair and reasonable outcome. The FWC further found that the agreement met the legislative requirements and was in the best interests of the employees.

The FWC approved the Genesis Cancer Care Victoria Patient Services Enterprise Agreement 2022, confirming its validity and applicability. The FWC's decision upheld the agreement, recognising the parties' efforts in reaching a fair and reasonable outcome. The HPOA's application for further amendments was dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established