Integrated Clinical Oncology Network Pty Ltd T/A Icon Cancer Centre

[2022] FWCA 1727

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Integrated Clinical Oncology Network Pty Ltd T/A Icon Cancer Centre

(AG2022/1481)

Integrated Clinical Oncology Network Pty Ltd T/A Icon Cancer Centre and ANMF South Australian Nurses Enterprise Agreement 2021-2025

Health and welfare services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 26 MAY 2022

Application for approval of the Integrated Clinical Oncology Network Pty Ltd T/A Icon Cancer Centre and ANMF South Australian Nurses Enterprise Agreement 2021 - 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 South Australian Nurses Enterprise Agreement 2021 - 2025 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Integrated Clinical Oncology Network Pty Ltd T/A Icon Cancer Centre. The Agreement is a single enterprise agreement.

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

The Australian Nursing and Midwifery Federation, 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 is approved and, in accordance with s 54 of the Act, will operate from 2 June 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Integrated Clinical Oncology Network Pty Ltd trading as Icon Cancer Centre and the ANMF South Australian Nurses Enterprise Agreement 2021 - 2025. The primary issue was whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. The applicant, Icon Cancer Centre, sought approval of the agreement which aimed to set out the terms and conditions of employment for nurses employed by the respondent.

The legal issues the court needed to address included whether the agreement provided for a safety net of minimum entitlements, if it was free from prohibited content, and whether it was made in good faith and without coercion. The court had to scrutinise the provisions of the agreement to determine if they complied with the legislative requirements, particularly focusing on whether the agreement provided adequate protections for the employees while also ensuring the interests of the employer were considered.

The Fair Work Commission found that the agreement met the statutory criteria for approval. The court held that the agreement provided a comprehensive safety net for minimum entitlements, was free from prohibited content, and was made in good faith without any evidence of coercion. The provisions of the agreement were considered fair and reasonable, balancing the interests of both the employer and the employees. Consequently, the Commission approved the enterprise agreement, finding it compliant with all relevant legislative requirements. The approval was granted, allowing the agreement to be implemented as the terms and conditions of employment for the nurses involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established