Integrated Clinical Oncology Network Pty Ltd

[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

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.

The Agreement is a single enterprise agreement.

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

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.

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-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.

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

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the matter were Integrated Clinical Oncology Network Pty Ltd and the Australian Health Services Union. The dispute centred on the proposed Icon Group Radiation Therapist Enterprise Agreement Victoria 2024. The matter was heard in the Fair Work Commission, an Australian federal specialist tribunal. The union sought approval of the agreement, while the employer contested certain aspects of the agreement, arguing that it contained provisions that exceeded the scope of its enterprise bargaining powers.

The legal issues before the commission involved the interpretation of the Fair Work Act 2009 and the Fair Work Regulations 2009, specifically regarding the scope of enterprise bargaining powers. The commission needed to determine whether the employer's objections to certain provisions of the agreement were valid and whether the agreement as a whole met the requirements for approval. The commission also had to consider the balance between the rights of employers and employees, and whether the agreement promoted harmonious, productive and cooperative workplace relationships.

In its decision, the commission found that the employer's objections to certain provisions were not well-founded and that the agreement met the requirements for approval. The commission emphasised the importance of promoting cooperative workplace relationships and noted that the agreement contained provisions that were designed to achieve this outcome. The commission also found that the provisions that the employer had objected to were within the scope of its enterprise bargaining powers. The commission approved the agreement, subject to minor modifications to address its concerns.

The commission's decision highlights the importance of striking a balance between the rights of employers and employees in enterprise bargaining. The commission's approval of the agreement demonstrates its willingness to support agreements that promote cooperative workplace relationships, while also ensuring that the rights of both parties are protected. The decision provides guidance to employers and unions on the scope of enterprise bargaining powers and the factors that the commission will consider when approving an agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established