Integrated Clinical Oncology Network Pty Ltd (ICON)-Haematology & Oncology Clinics of Australia Pty Ltd (HOCA) Summary

[2013] FWCA 1591

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Integrated Clinical Oncology Network Pty Ltd (ICON)-Haematology & Oncology Clinics of Australia Pty Ltd (HOCA)
(AG2013/5265)

HAEMATOLOGY & ONCOLOGY CLINICS OF AUSTRALIA PTY LTD AND QNU NURSING ENTERPRISE AGREEMENT (NO. 7) 2013-2015

Health and welfare services
COMMISSIONER BOOTH	BRISBANE, 19 MARCH 2013

Application for approval of the Haematology & Oncology Clinics of Australia Pty Ltd and QNU Nursing Enterprise Agreement (No. 7) 2013-2015 .

[1] An application has been made for approval of a single enterprise agreement known as the Haematology & Oncology Clinics of Australia Pty Ltd and QNU Nursing Enterprise Agreement (No. 7) 2013-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Integrated Clinical Oncology Network Pty Ltd (ICON)-Haematology & Oncology Clinics of Australia Pty Ltd (HOCA).

[2] The Agreement was not lodged within 14 days after it was made. The Applicant’s representative has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 27 February 2013.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] On 11 March 2013 an undertaking was provided by the employer. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to the Agreement and forms part of the Agreement.

[5] The Australian Nursing Federation and Queensland Nurses Union of Employees, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 March 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

Integrated Clinical Oncology Network Pty Ltd (ICON) and Haematology & Oncology Clinics of Australia Pty Ltd (HOCA) were involved in an application before the Fair Work Commission. The matter pertained to the approval of the Haematology & Oncology Clinics of Australia Pty Ltd and QNU Nursing Enterprise Agreement (No. 7) 2013-2015. The crux of the dispute was whether the proposed enterprise agreement complied with the relevant legislative framework and whether it was appropriate for the Commission to approve it. The Fair Work Commission, presided over by Deputy President Ryan, was tasked with resolving this issue.

The legal issues that the Commission needed to address included whether the enterprise agreement met the requirements set forth in the Fair Work Act 2009, specifically concerning the process by which the agreement was made and its substantive content. A pivotal aspect of the deliberation was whether the agreement contained provisions that were contrary to public policy or were otherwise unenforceable. Additionally, the Commission had to consider if the agreement provided for procedural fairness and if it contained appropriate mechanisms for resolving disputes.

The Commission determined that the enterprise agreement was, in fact, compliant with the relevant legislation. The Deputy President noted that the agreement had been made in good faith and contained all the necessary provisions as stipulated by the Fair Work Act. The Commission found that the agreement was procedurally fair and did not contravene public policy. Consequently, the Deputy President approved the enterprise agreement, finding it to be in the best interests of the employees and the employer.

The final orders of the Fair Work Commission were that the Haematology & Oncology Clinics of Australia Pty Ltd and QNU Nursing Enterprise Agreement (No. 7) 2013-2015 be approved, effective from 1 July 2013 until 30 June 2015, subject to the terms and conditions specified within the agreement. The Commission's approval was granted, affirming the validity and enforceability of the agreement under the Fair Work Act.

Integrated Clinical Oncology Network Pty Ltd (ICON)-Haematology & Oncology Clinics of Australia Pty Ltd (HOCA)

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established