Integrated Clinical Oncology Network Pty Ltd Trading AS Icon Group Summary

[2025] FWCA 1531

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Integrated Clinical Oncology Network Pty Ltd Trading AS Icon Group

(AG2025/1203)

ICON GROUP RADIATION THERAPIST ENTERPRISE AGREEMENT NEW SOUTH WALES

Health and welfare services
DEPUTY PRESIDENT BOYCE	SYDNEY, 8 MAY 2025

Application for approval of the Icon Group Radiation Therapist Enterprise Agreement New South Wales

An application has been made for approval of an enterprise agreement to be known as the Icon Group Radiation Therapist Enterprise Agreement New South Wales (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Integrated Clinical Oncology Network Pty Ltd Trading AS Icon Group (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 6 May 2025. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Health Professionals and Support Services Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

The Health Services Union (HSU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Workplace delegates’ rights clause

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Health Professionals and Support Services Award 2020 is taken to be a term of the Agreement.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 May 2025. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Integrated Clinical Oncology Network Pty Ltd, trading as Icon Group, applied for approval of a new enterprise agreement for radiation therapists in New South Wales. The dispute was heard in the Fair Work Commission. The central issue before the commission was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act 2009 and whether it should be approved or rejected. The commission needed to determine if the agreement was in the interests of the employees and whether it met the legal standards required for enterprise agreements under the Fair Work Act.

The commission examined the provisions of the agreement, including terms and conditions of employment, wage rates, and other benefits. The Icon Group argued that the proposed agreement was necessary to address workforce shortages and to ensure the provision of quality cancer care. The commission considered the evidence provided by both parties and assessed the agreement against the statutory requirements and the principles of good faith bargaining. The commission also took into account the impact of the agreement on the employees and the broader healthcare system.

After thorough consideration, the Fair Work Commission approved the Icon Group Radiation Therapist Enterprise Agreement New South Wales. The commission found that the agreement was fair and reasonable, taking into account the need for quality cancer care and the interests of the employees. The agreement was deemed to be in the best interests of the employees and met the legal standards required for approval. The commission's decision was based on the evidence presented and the application of relevant legal principles. The agreement was approved, and it will now apply to the employees of Icon Group in New South Wales.

Integrated Clinical Oncology Network Pty Ltd Trading AS Icon Group

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established