DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Genesis Cancer Care Victoria Pty Ltd T/A Radiation Oncology Victoria
(AG2018/5268)

GENESIS CANCER CARE VICTORIA NURSES ENTERPRISE AGREEMENT 2018

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 9 JANUARY 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Genesis Cancer Care Victoria Nurses 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 T/A Radiation Oncology Victoria. The Agreement is a single enterprise agreement.

[2] 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.

[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) 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 16 January 2019. The nominal expiry date of the Agreement is 1 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Genesis Cancer Care Victoria Pty Ltd, trading as Radiation Oncology Victoria, applied for approval of the Genesis Cancer Care Victoria Nurses Enterprise Agreement 2018. The application was brought by the applicant employer, who sought to finalise the terms of employment for nurses within their organisation. The Commission was tasked with determining whether the proposed agreement met the requirements set out in the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the procedural and substantive requirements of the Fair Work Act. Procedurally, the Commission needed to assess if proper consultation and bargaining processes had been followed, and if the agreement had been certified by a relevant independent bargaining representative. Substantively, the Commission was required to ensure that the agreement did not adversely affect the safety, health, or welfare of employees, and that it provided for fair and reasonable terms and conditions of employment.

The Commission found that the application satisfied the procedural requirements, as the agreement had been certified by an independent representative and the necessary consultation processes had been followed. Regarding the substantive requirements, the Commission concluded that the terms of the agreement were fair and reasonable, did not adversely affect the safety, health, or welfare of employees, and provided for appropriate terms and conditions of employment. Consequently, the Commission approved the Genesis Cancer Care Victoria Nurses Enterprise Agreement 2018.

As a result of the Commission's decision, the Genesis Cancer Care Victoria Nurses Enterprise Agreement 2018 was approved and registered under the Fair Work Act 2009, effective from the date of the decision. This outcome ensures that the terms and conditions of employment for nurses within the organisation are governed by the agreed-upon provisions, providing clarity and certainty for both the employer and the employees.

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