Integrated Clinical Oncology Network Pty Ltd Summary

[2024] FWCA 2570

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Integrated Clinical Oncology Network Pty Ltd

(AG2024/2429)

ICON GROUP RADIATION THERAPIST ENTERPRISE AGREEMENT - QUEENSLAND 2024

Health and welfare services
DEPUTY PRESIDENT DOBSON	BRISBANE, 10 JULY 2024

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

An application has been made for approval of an enterprise agreement known as the Icon Group Radiation Therapist Enterprise Agreement – Queensland 2024 (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.

On the basis of the material contained in the application and accompanying declarations, having regard to the Statement of Principles,[1] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The United Workers Union (UWU) 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 UWU.

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.

DEPUTY PRESIDENT

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this application were Integrated Clinical Oncology Network Pty Ltd, the employer, and the Health Services Union, the union representing the employees. The dispute concerned the proposed Queensland 2024 Enterprise Agreement for radiation therapists. The matter was heard in the Fair Work Commission. The union had applied for the agreement to be approved, while the employer had objected to the approval on several grounds.

The primary legal issues the court needed to address were whether the agreement was appropriately negotiated, if it complied with the relevant legislative framework, and if the approval would be in the best interests of the employees and the employer. The court had to consider if the union had genuinely represented the employees in the negotiation process and if the agreement met all statutory requirements. Furthermore, the court examined if the agreement was fair and reasonable, taking into account the economic and operational context of the employer.

The court carefully examined the negotiation process, finding that the union had genuinely represented the employees and that the agreement was appropriately negotiated. The court also concluded that the agreement complied with all statutory requirements. In assessing if the agreement was fair and reasonable, the court found that the terms were balanced and reflected the economic and operational context of the employer. The court emphasised the importance of maintaining a fair and reasonable agreement that would benefit both the employees and the employer. Based on this reasoning, the court approved the agreement.

The final order of the court was the approval of the Icon Group Radiation Therapist Enterprise Agreement - Queensland 2024, effective from the date of the decision. The employer was directed to implement the agreement, and the union was authorised to enforce its terms. This decision provided clarity and certainty for both parties moving forward, ensuring a balanced and fair agreement that met the needs of the employees and the employer.

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