Integrated Clinical Oncology Network Pty Ltd

[2024] FWCA 3227

[2024] FWCA 3227

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Integrated Clinical Oncology Network Pty Ltd

(AG2024/3094)

ICON GROUP RADIATION THERAPIST ENTERPRISE AGREEMENT - TASMANIA

Health and welfare services
COMMISSIONER ALLISON	MELBOURNE, 11 SEPTEMBER 2024

Application for approval of the Icon Group Radiation Therapist Enterprise Agreement - Tasmania

1. Integrated Clinical Oncology Network Pty Ltd (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Icon Group Radiation Therapist Enterprise Agreement - Tasmania (the Agreement).

1. The Health Services Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

1. Clause 18.6(b) provides a more extensive definition of “serious misconduct” than what is provided in regulation 1.07 of the Fair Work Regulations 2009. This may lead to circumstances where an employee under the Agreement may not receive entitlements to notice or redundancy payments on termination as required under the NES.

1. However, noting clause 4.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. Clause 9.7(d)(ii) of the Agreement states that casual employees are precluded from receiving allowances that they would receive under the Health Professionals and Support Services Award 2020. To ensure that casual employees are better off overall under the Agreement, the Employer has provided an undertaking that casuals are entitled to the allowances detailed in clause 10 of the Agreement.

1. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

1. Subject to the undertaking 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 September 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

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Annexure A