Integrated Clinical Oncology Network Pty Ltd Summary

[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

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).

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.

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.

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Integrated Clinical Oncology Network Pty Ltd is the applicant seeking approval of an enterprise agreement that pertains to radiation therapists employed in Tasmania. The agreement was submitted to the Fair Work Commission, which was required to determine whether the agreement complied with the relevant legislative provisions. The court was asked to consider the nature of the agreement and whether it met the requirements of the Fair Work Act 2009.

The legal issues the court had to decide included whether the agreement had been fairly negotiated, whether it contained appropriate provisions for the employees' rights and protections, and whether it complied with the provisions of the Fair Work Act. The applicant argued that the agreement was fairly negotiated and contained appropriate protections for the employees. The respondent argued that the agreement did not adequately protect the employees and failed to meet the requirements of the Act.

The court held that the agreement was fairly negotiated and contained appropriate provisions for the employees' rights and protections. The court found that the agreement met the requirements of the Fair Work Act and was therefore approved. The court emphasised the importance of ensuring that employees' rights and protections were adequately addressed in any enterprise agreement. The court noted that the agreement contained provisions for minimum rates of pay, leave entitlements, and dispute resolution mechanisms that were consistent with the Act. The court also found that the agreement provided for appropriate mechanisms to ensure that the employees' rights were protected.

The court approved the Icon Group Radiation Therapist Enterprise Agreement - Tasmania. The agreement will now be registered with the Fair Work Commission and will apply to the relevant employees. The approval of the agreement ensures that the employees will have appropriate protections and rights under the Act. The decision provides guidance for future enterprise agreements and highlights the importance of ensuring that employees' rights and protections are adequately addressed.

Integrated Clinical Oncology Network Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established