DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Haematology & Oncology Clinics of Australia Pty Ltd T/A Icon Cancer Care
(AG2015/7659)

HAEMATOLOGY & ONCOLOGY CLINICS OF AUSTRALIA PTY LTD T/A ICON CANCER CARE AND QNU NURSING ENTERPRISE AGREEMENT (NO. 8) 2015-2018

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 18 JANUARY 2016

Application for approval of the Haematology & Oncology Clinics of Australia Pty Ltd T/A Icon Cancer Care and QNU Nursing Enterprise Agreement (No. 8) 2015-2018.

[1] On 15 December 2015 Haematology & Oncology Clinics of Australia Pty Ltd T/A Icon Cancer Care (Applicant) made an application for approval of the Haematology & Oncology Clinics of Australia Pty Ltd T/A Icon Cancer Care and QNU Nursing Enterprise Agreement (No. 8) 2015-2018 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] The Queensland Nurses’ Union of Employees and the Australian Nursing and Midwifery Federation, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), the Commission notes that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 25 January 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of a nursing enterprise agreement between Haematology & Oncology Clinics of Australia Pty Ltd, trading as Icon Cancer Care, and QNU Nursing Enterprise Agreement (No. 8) for the period 2015-2018. The application was heard by the Fair Work Commission, an Australian federal statutory body responsible for resolving workplace disputes and overseeing the enforcement of workplace laws. The primary issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009.

The Commission examined several key aspects of the agreement, including the terms related to pay rates, conditions of employment, and dispute resolution mechanisms. The Commission also considered whether the agreement provided for a fair and efficient process for resolving disputes between the parties. After a thorough review of the application and the relevant legal framework, the Commission determined that the proposed agreement met the necessary requirements and was in the best interests of the employees.

The Fair Work Commission found that the enterprise agreement provided for fair and reasonable terms and conditions of employment, including appropriate pay rates and conditions, and effective dispute resolution mechanisms. The Commission also noted that the agreement was the result of good faith negotiations between the parties and was not detrimental to the employees. Consequently, the Commission approved the proposed enterprise agreement, which will now be legally binding on the parties for the specified period. This decision ensures that the terms and conditions of employment for the nurses at Icon Cancer Care are governed by a fair and comprehensive agreement.

Haematology & Oncology Clinics of Australia Pty Ltd T/A Icon Cancer Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established