Integrated Clinical Oncology Network Pty Ltd T/A Icon Cancer Centre and ANMF/Qnmu Nursing Enterprise Agreement (No 9) 2020-2023

[2020] FWCA 6365

[2020] FWCA 6365

FAIR WORK COMMISSION

DECISION

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

Integrated Clinical Oncology Network Pty Ltd T/A ICON Cancer Care
(AG2020/3323)

INTEGRATED CLINICAL ONCOLOGY NETWORK PTY LTD T/A ICON CANCER CENTRE AND ANMF/QNMU NURSING ENTERPRISE AGREEMENT (NO. 9) 2020-2023

Health and welfare services
DEPUTY PRESIDENT ASBURY	BRISBANE, 26 NOVEMBER 2020

Application for approval of the Integrated Clinical Oncology Network Pty Ltd T/A Icon Cancer Centre and ANMF/QNMU Nursing Enterprise Agreement (No.9) 2020-2023.

[1] Integrated Clinical Oncology Network Pty Ltd T/A ICON Cancer Care (the Applicant) applies to the Fair Work Commission (the Commission) 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 (No. 9) 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] I observe that the following provisions are likely to be inconsistent with the National Employment Standards:

•  Clause 39.3;

•  Clause 39.4;

•  Schedule B.1.2(e); and

•  Schedule B.1.3(b).

[3] However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Australian Nursing and Midwifery Federation has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[5] The Form F16 application filed by the Applicant states that an organisation called the Nurses Professional Association of Queensland Inc (NPAQ) was an employee bargaining representative for the Agreement. I note that this organisation is not an organisation registered under the Registered Organisations Act such that it can be covered by the Agreement. The views of the NPAQ were sought in relation to the approval and no objection was received.

[6] I am satisfied that each of the requirements of ss. l86, 187 and 188 as are relevant to this application for approval have been met.

[7] The Agreement is approved in accordance with s.54 of the Act and will operate from 3 December 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

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