Genesis Cancer Care Victoria Pty Ltd T/A GenesisCare

[2023] FWCA 991

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Genesis Cancer Care Victoria Pty Ltd T/A GenesisCare

(AG2023/814)

GENESIS CANCER CARE VICTORIA MEDICAL PHYSICISTS ENTERPRISE AGREEMENT 2021

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 APRIL 2023

Application for approval of the Genesis Cancer Care Victoria Medical Physicists Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the Genesis Cancer Care Victoria Medical Physicists Enterprise Agreement 2021 (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.

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.

The Health Services Union 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 April 2023. The nominal expiry date of the Agreement is 1 May 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Genesis Cancer Care Victoria Pty Ltd, trading as GenesisCare, applied to the Fair Work Commission for approval of the Genesis Cancer Care Victoria Medical Physicists Enterprise Agreement 2021. The application came before the Commission to determine whether the agreement met the statutory requirements under the Fair Work Act 2009. The legal issues before the court were whether the agreement complied with the procedural requirements for enterprise agreements and whether it met the "better off overall test" as required by the legislation. The "better off overall test" requires that, on balance, the employees are not worse off than they were under their previous conditions of employment.

The Commission examined the evidence and submissions to determine if the agreement was fairly negotiated and if it provided a safety net for employees. It also assessed whether the agreement offered terms and conditions that were at least as good as those previously in place for the employees. The Commission concluded that the agreement was fairly negotiated and met the requirements under the Act. The agreement was approved as it provided for terms and conditions that were not less favourable than those previously enjoyed by the employees, thereby satisfying the "better off overall test".

The Commission's decision was based on the evidence presented, which demonstrated that the agreement was reached through proper bargaining processes and provided for terms and conditions that were at least as good as the previous ones. The Commission found that the agreement complied with all necessary statutory requirements and met the "better off overall test". Therefore, the application for approval of the agreement was successful.

The final orders of the Commission were that the Genesis Cancer Care Victoria Medical Physicists Enterprise Agreement 2021 be approved. This decision allows the agreement to come into effect and apply to the relevant employees, providing them with the terms and conditions outlined in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established