Integrated Clinical Oncology Network Pty Ltd

[2025] FWCA 749

[2025] FWCA 749

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Integrated Clinical Oncology Network Pty Ltd

(AG2025/340)

ICON GROUP RADIATION THERAPIST ENTERPRISE AGREEMENT VICTORIA 2024

Health and welfare services
COMMISSIONER TRAN	MELBOURNE, 26 FEBRUARY 2025

Application for approval of the Icon Group Radiation Therapist Enterprise Agreement Victoria 2024

1. Integrated Clinical Oncology Network Pty Ltd has applied for approval of an enterprise agreement known as the Icon Group Radiation Therapist Enterprise Agreement Victoria 2024 under s 185 of the Fair Work Act 2009.

1. The Agreement is a single enterprise agreement.

1. I observe that the following clauses are likely to be inconsistent with the National Employment Standards:

   ·   Clause 12.1(a) – regarding maximum weekly hours

   ·   Clause 20.6 – regarding annual leave – cashing out

   ·   Clause 18.6(b) – regarding the definition of serious misconduct

1. I note clause 4.2 of the Agreement, which gives precedence to the NES and am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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

1. The Health Services Union (HSU-VAHPA) 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 Union.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 5 March 2025.

1. In accordance with clause 5.1, the nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

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