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

[2013] FWCA 8380

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Haematology & Oncology Clinics of Australia Pty Ltd T/A Icon Cancer Care
(AG2013/10840)

HAEMATOLOGY & ONCOLOGY CLINICS OF AUSTRALIA PTY LTD - CLERICAL EMPLOYEE ENTERPRISE AGREEMENT (NO 7) 2013 - 2016

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 25 OCTOBER 2013

Application for approval of the Haematology & Oncology Clinics of Australia Pty Ltd - Clerical Employee Enterprise Agreement (No 7) 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Haematology & Oncology Clinics of Australia Pty Ltd - Clerical Employee Enterprise Agreement (No 7) 2013 - 2016 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Haematology & Oncology Clinics of Australia Pty Ltd T/A Icon Cancer Care. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement is approved. In accordance with s.54(1) it will operate from 1 November 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Haematology & Oncology Clinics of Australia Pty Ltd, trading as Icon Cancer Care, which applied for approval of its Clerical Employee Enterprise Agreement (No 7) 2013-2016. The application was made to the Fair Work Commission, which is responsible for resolving workplace disputes and approving enterprise agreements under the Fair Work Act 2009. The agreement in question sought to regulate the employment terms and conditions for clerical employees within the organisation.

The primary legal issues before the court were whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act. These criteria included ensuring the agreement facilitated a good faith negotiation process, was free from coercion, contained appropriate provisions for employee protection and workplace relations, and adhered to the requirements set out in the Act. The court also needed to determine if the agreement complied with the Fair Work (Registered Organisations) Act 2009, specifically concerning the representation of employees in the agreement.

The Fair Work Commission examined the application and supporting documents to ensure compliance with the statutory requirements. The Commission found that the agreement had been negotiated in good faith and was free from any undue influence or coercion. It also found that the agreement included provisions that adequately protected employee rights and promoted fair workplace relations. Furthermore, the agreement met all the requirements set out in the Fair Work Act and the Fair Work (Registered Organisations) Act 2009. As a result, the Commission approved the Haematology & Oncology Clinics of Australia Pty Ltd Clerical Employee Enterprise Agreement (No 7) 2013-2016.

The Fair Work Commission's decision to approve the enterprise agreement was based on the evidence presented and the findings that the agreement met the necessary criteria under the Fair Work Act and the Fair Work (Registered Organisations) Act 2009. The agreement was thus considered to facilitate fair and effective workplace relations for the clerical employees within the organisation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established