DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Genesis Cancer Care Victoria Pty Ltd T/A Radiation Oncology Victoria
(AG2015/1794)

RADIATION ONCOLOGY VICTORIA NURSES ENTERPRISE AGREEMENT 2014

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 27 FEBRUARY 2015

Application for approval of the Radiation Oncology Victoria Nurses Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Radiation Oncology Victoria Nurses Enterprise Agreement 2014 (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 Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Australian Nursing and Midwifery Federation, 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 March 2015. The nominal expiry date of the Agreement is 1 November 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Genesis Cancer Care Victoria Pty Ltd, trading as Radiation Oncology Victoria, applied to the Fair Work Commission for the approval of the Radiation Oncology Victoria Nurses Enterprise Agreement 2014. The application was made in accordance with the provisions of the Fair Work Act 2009. The dispute centred on the fairness and appropriateness of the terms and conditions outlined in the proposed enterprise agreement for nurses employed by Radiation Oncology Victoria.

The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement was fair and appropriate in all respects, including its impact on the employees' working conditions, pay, and other employment terms. Additionally, the Commission had to consider whether the agreement complied with the procedural fairness requirements, particularly ensuring that the agreement had been genuinely bargained.

The Fair Work Commission determined that the proposed agreement was fair and appropriate. The Commission noted that the agreement had been negotiated in good faith, with all relevant parties participating in the bargaining process. The Commission further found that the agreement provided for reasonable terms and conditions of employment, including appropriate pay rates, leave entitlements, and other benefits. The Commission was satisfied that the agreement complied with all statutory requirements and procedural fairness principles. As a result, the Commission approved the Radiation Oncology Victoria Nurses Enterprise Agreement 2014.

The Fair Work Commission approved the Radiation Oncology Victoria Nurses Enterprise Agreement 2014, effective from the date of the decision. The approval ensures that the terms and conditions of employment for nurses at Radiation Oncology Victoria are legally recognised and enforceable. This decision reinforces the importance of fair bargaining practices and compliance with the statutory framework governing enterprise agreements in Australia.

Genesis Cancer Care Victoria Pty Ltd T/A Radiation Oncology Victoria

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established