Integrated Clinical Oncology Network Pty Ltd
[2023] FWCA 476
•16 FEBRUARY 2023
| [2023] FWCA 476 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Integrated Clinical Oncology Network Pty Ltd
(AG2023/211)
Integrated Clinical Oncology Network Pty Ltd Victorian Medical Physicists Enterprise Agreement
| Health and welfare services | |
| COMMISSIONER CIRKOVIC | MELBOURNE, 16 FEBRUARY 2023 |
Application for approval of the Integrated Clinical Oncology Network Pty Ltd Victorian Medical Physicists Enterprise Agreement
An application has been made for approval of an enterprise agreement known as the Integrated Clinical Oncology Network Pty Ltd Victorian Medical Physicists Enterprise Agreement (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 Agreement is a single enterprise agreement.
The Employer has provided a written undertaking. 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 does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
The Health Services Union of Australia Victoria No. 4 Branch, 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.
The Agreement was approved on 16 February 2023 and, in accordance with s.54, will operate from 23 February 2023. The nominal expiry date of the Agreement is 30 June 2026.
COMMISSIONER
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Annexure A
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