Integrated Clinical Oncology Network Pty Ltd

[2024] FWCA 2710

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Integrated Clinical Oncology Network Pty Ltd

(AG2024/2517)

INTEGRATED CLINICAL ONCOLOGY NETWORK PTY LTD NSW, ACT AND QLD MEDICAL PHYSICISTS ENTERPRISE AGREEMENT 2023

Health and welfare services
COMMISSIONER DURHAM	BRISBANE, 23 JULY 2024

Application for approval of the Integrated Clinical Oncology Network Pty Ltd NSW, ACT and QLD Medical Physicists Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Integrated Clinical Oncology Network Pty Ltd NSW, ACT and QLD Medical Physicists Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Integrated Clinical Oncology Network Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

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 NSW/ACT/QLD (HSU) 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 HSU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Integrated Clinical Oncology Network Pty Ltd, an employer, and its employees, specifically medical physicists employed in New South Wales, the Australian Capital Territory, and Queensland. The dispute centred around the application for the approval of the Integrated Clinical Oncology Network Pty Ltd NSW, ACT and QLD Medical Physicists Enterprise Agreement 2023. The applicants sought to have the agreement registered as a registered agreement under the Fair Work Act 2009. The respondents, representing the employees, did not oppose the approval but raised concerns about the fairness and effectiveness of the proposed agreement.

The key legal issues that the Fair Work Commission had to address were whether the enterprise agreement was a genuine bargain, whether it met the requirements of the Fair Work Act, and if it provided for fair and reasonable terms and conditions for the employees. The Commission had to consider the provisions of the agreement, the negotiation process, and whether the agreement complied with the legislative framework, including provisions for minimum pay rates, penalties for breaches, and dispute resolution mechanisms.

The Fair Work Commission found that the agreement was a genuine bargain made between the parties in good faith. It met all the statutory requirements under the Fair Work Act, including the minimum standards for pay and conditions. The Commission noted that the agreement provided for fair and reasonable terms and conditions for the employees, taking into account the specific needs and roles of medical physicists. The Commission was satisfied that the agreement was negotiated in a manner that complied with the Fair Work Act and that it provided for effective dispute resolution mechanisms.

The Fair Work Commission approved the Integrated Clinical Oncology Network Pty Ltd NSW, ACT and QLD Medical Physicists Enterprise Agreement 2023, making it a registered agreement under the Fair Work Act. The approval ensures that the terms and conditions of employment for medical physicists employed by Integrated Clinical Oncology Network Pty Ltd in New South Wales, the Australian Capital Territory, and Queensland are governed by this agreement, providing clarity and certainty for both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established