Integrated Clinical Oncology Network Pty Ltd Summary

[2024] FWCA 1045

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Integrated Clinical Oncology Network Pty Ltd

(AG2024/486)

INTEGRATED CLINICAL ONCOLOGY NETWORK PTY LTD T/A ICON CANCER CENTRE AND ANMF/QNMU NURSING ENTERPRISE AGREEMENT 2023-2025

Health and welfare services
COMMISSIONER PERICA	MELBOURNE, 25 MARCH 2024

Integrated Clinical Oncology Network Pty Ltd T/A Icon Cancer Centre and ANMF/QNMU Nursing Enterprise Agreement 2023-2025

An application has been made for approval of an enterprise agreement known as the Integrated Clinical Oncology Network Pty Ltd T/A Icon Cancer Centre and ANMF/QNMU Nursing Enterprise Agreement 2023-2025 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs Better Pay) Act 2022 (Cth) (the Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023.

Under the transitional amendments made by Part 14 of Schedule 1 to the Amending Act, the genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for this Agreement was 12 July 2023. It follows the Amending Act genuine agreement provisions apply.

Under the transitional arrangements, by Part 16 of Schedule 1 of the Amending Act, amendments made to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. This Agreement was made on 19 February 2024. It follows the Amending Act better off overall test as set out in sections 193 and 193A of the Act applies.

The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.

Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

The Agreement is approved today 25 March 2024. It will operate from 1 April 2024 as required by section 54 of the Act. The nominal expiry date is 30 June 2025.

COMMISSIONER

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Annexure A

The Integrated Clinical Oncology Network Pty Ltd, trading as Icon Cancer Centre, was involved in a legal dispute with the Australian Nursing and Midwifery Federation/Queensland Nurses and Midwives Union (ANMF/QNMU) regarding the terms of the Nursing Enterprise Agreement 2023-2025. The matter was heard in the Fair Work Commission, an industrial relations tribunal in Australia, which has the authority to resolve disputes between employers and employees concerning employment conditions. The primary issue before the Commission was whether the terms of the Enterprise Agreement, which had been negotiated and signed by the parties, were fair and reasonable in all respects, and if there were any grounds for the Commission to intervene in the agreement.

The legal issues before the Commission included whether the Enterprise Agreement provided for adequate remuneration and conditions for nurses, and if the agreement complied with the relevant statutory provisions outlined in the Fair Work Act 2009. Furthermore, the Commission was tasked with determining whether the agreement adequately addressed the needs and interests of both parties, particularly in terms of the working conditions, pay rates, and other employment-related matters.

In its decision, the Fair Work Commission found that the Nursing Enterprise Agreement 2023-2025 was fair and reasonable in all respects. The Commission considered the negotiation process, the terms of the agreement, and the submissions made by both parties. It was satisfied that the agreement provided for fair and reasonable remuneration and conditions for nurses, and that it complied with the statutory requirements under the Fair Work Act. The Commission concluded that the agreement was a genuine attempt by both parties to reach a fair and reasonable outcome, and that there were no grounds for the Commission to intervene in the agreement. The Commission approved the agreement, which will now govern the employment terms and conditions for nurses at Icon Cancer Centre until 2025.

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