DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Haematology & Oncology Clinics of Australia Pty Ltd T/A Icon Cancer Care
(AG2016/4525)

HAEMATOLOGY & ONCOLOGY CLINICS OF AUSTRALIA PTY LTD T/A ICON CANCER CARE CLERICAL EMPLOYEE ENTERPRISE AGREEMENT (NO. 8) 2016-2019

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 29 AUGUST 2016

Application for approval of the Haematology & Oncology Clinics of Australia Pty Ltd T/A Icon Cancer Care Clerical Employee Enterprise Agreement (No. 8) 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Haematology & Oncology Clinics of Australia Pty Ltd T/A Icon Cancer Care Clerical Employee Enterprise Agreement (No. 8) 2016-2019 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 September 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties in this case were Haematology & Oncology Clinics of Australia Pty Ltd trading as Icon Cancer Care, and the Australian Health Services Union. The dispute arose from an application for the approval of the Haematology & Oncology Clinics of Australia Pty Ltd T/A Icon Cancer Care Clerical Employee Enterprise Agreement (No. 8) 2016-2019. The matter was heard by the Fair Work Commission, a body with jurisdiction to oversee and approve enterprise agreements under the Fair Work Act 2009.

The legal issues before the Commission were primarily centred on whether the enterprise agreement met the requirements of the Act, including whether it provided for the safety net of minimum wages and conditions, and whether it was fairly negotiated. The Commission also considered the impact of the agreement on the employees, the fairness of the agreement's terms and conditions, and the overall fairness and reasonableness of the agreement.

In examining the application, the Commission reviewed the negotiation process, the content of the agreement, and the fairness of its terms. The Commission found that the agreement was fairly negotiated and provided for the minimum safety net of wages and conditions. The Commission also determined that the agreement was fair and reasonable, taking into account the interests of both the employer and the employees. The Commission ultimately approved the agreement, finding that it met the requirements of the Act and was in the best interests of the employees.

The Fair Work Commission approved the Haematology & Oncology Clinics of Australia Pty Ltd T/A Icon Cancer Care Clerical Employee Enterprise Agreement (No. 8) 2016-2019, finding that it met the requirements of the Fair Work Act 2009 and was fair and reasonable.

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