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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Integrated Clinical Oncology Network Pty Ltd T/A Icon Cancer Centre and the Australian Nursing and Midwifery Federation Queensland Nurses and Midwives' Union (ANMF/QNMU) have jointly applied for approval of their enterprise agreement, named the Integrated Clinical Oncology Network Pty Ltd T/A Icon Cancer Centre and ANMF/QNMU Nursing Enterprise Agreement (No. 9) 2020-2023. The application was made under the Fair Work Act 2009, and the Fair Work Commission heard the matter.

The primary legal issue before the Commission was whether the terms of the proposed agreement met the requirements of the Fair Work Act, including whether the agreement was a single enterprise agreement as defined by the Act. The Commission also needed to determine if the agreement was in the best interests of the employees and whether the agreement was procedurally sound.

The Fair Work Commission found that the agreement was a genuine single enterprise agreement and met all the requirements of the Fair Work Act. The Commission considered the nature of the enterprise and the relationship between the parties, and concluded that the agreement was appropriate for the specific circumstances of the enterprise. The Commission also found that the agreement was in the best interests of the employees, taking into account factors such as the nature of the work, the health and safety of the employees, and the need to maintain a harmonious workplace. The Commission noted that the agreement had been negotiated in good faith and that there was no evidence of any procedural unfairness.

The Fair Work Commission approved the Integrated Clinical Oncology Network Pty Ltd T/A Icon Cancer Centre and ANMF/QNMU Nursing Enterprise Agreement (No. 9) 2020-2023, effective from 1 May 2020. The agreement sets out the terms and conditions of employment for registered nurses and enrolled nurses employed by the Icon Cancer Centre.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established