Genesis Cancer Care Wa Pty Limited T/A Genesiscare Summary

[2023] FWCA 2023

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Genesis Cancer Care Wa Pty Limited T/A Genesiscare

(AG2023/1844)

GENESISCARE ONCOLOGY WA RADIATION THERAPISTS ENTERPRISE AGREEMENT 2022

Health and welfare services
DEPUTY PRESIDENT O’KEEFFE	PERTH, 3 JULY 2023

Application for approval of the GenesisCare Oncology WA Radiation Therapists Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the GenesisCare Oncology WA Radiation Therapists 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 WA Pty Limited T/A Genesiscare (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Health Services Union (HSU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the Health Services Union.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 May 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Genesis Cancer Care Wa Pty Limited, trading as Genesiscare, filed an application for the approval of the GenesisCare Oncology WA Radiation Therapists Enterprise Agreement 2022. The application was heard in the Fair Work Commission, which is tasked with overseeing and approving enterprise agreements in Australia. The dispute centred on whether the proposed agreement met the legal requirements for approval, including whether it provided for minimum terms and conditions of employment as stipulated by the Fair Work Act 2009.

The legal issues before the Commission were primarily whether the agreement complied with the procedural requirements for approval, and if it provided for minimum terms and conditions as mandated by law. Additionally, the Commission needed to determine if the agreement was made in good faith and if it complied with the provisions of the Fair Work Act regarding the resolution of disputes. The parties also argued over the fairness and reasonableness of the proposed terms, particularly in relation to pay rates, working conditions, and other employment aspects.

The Commission examined the application thoroughly, taking into account the submissions from both Genesiscare and the union representing the radiation therapists. It found that the proposed agreement was procedurally valid, was made in good faith, and met the minimum terms and conditions set out by the Fair Work Act. The Commission also considered the economic and social implications of the agreement, concluding that it was fair and reasonable for the employees involved. As a result, the Commission approved the GenesisCare Oncology WA Radiation Therapists Enterprise Agreement 2022, thereby resolving the dispute in favour of Genesiscare.

Genesis Cancer Care Wa Pty Limited T/A Genesiscare

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established