Neguti Pty Ltd and Nugovi Pty Ltd ATF The SROC Unit Trust

[2013] FWCA 9856

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Neguti Pty Ltd and Nugovi Pty Ltd ATF The SROC Unit Trust
(AG2013/9698)

RADIATION THERAPISTS COLLECTIVE AGREEMENT 2013 OF NEGUTI PTY. LTD. & NUGOVI PTY. LTD. ATF THE SROC UNIT TRUST

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 16 DECEMBER 2013

Application for approval of the Radiation Therapists Collective Agreement 2013 of Neguti Pty. Ltd. and Nugovi Pty. Ltd. ATF The SROC Unit Trust.

[1] An application has been made for approval of an enterprise agreement known as the Radiation Therapists Collective Agreement 2013 of Neguti Pty. Ltd. and Nugovi Pty. Ltd. ATF The SROC Unit Trust (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Neguti Pty Ltd and Nugovi Pty Ltd ATF The SROC Unit Trust. The agreement is a single-enterprise agreement.

[2] An undertaking has been provided by Ms Susan Mainey, CEO, Radiation Oncology Institute, who is authorised to make this undertaking pursuant to s.190 of the Act for the applicant. The written undertaking concerning clauses 6 and 15 will be taken to be a term of the Agreement pursuant to s.191 of the Act. A copy of the undertaking is attached as Annexure A.

[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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 December 2013. The nominal expiry date of the Agreement is 30 June 2014.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Neguti Pty Ltd and Nugovi Pty Ltd, sought approval of the Radiation Therapists Collective Agreement 2013 in the Fair Work Commission. The agreement, if approved, would govern the terms and conditions of employment for radiation therapists in the radiation therapy sector. The Commission had to decide whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The primary legal issue was whether the agreement complied with the procedural and substantive requirements for approval under the Act. The applicants needed to demonstrate that the agreement was made in good faith and without coercion, and that it covered a relevant occupational group. Additionally, the Commission had to assess whether the agreement provided for appropriate minimum terms and conditions and whether it complied with the principles of the national workplace relations system.

The Commission held that the agreement was made in good faith and without coercion, and it covered the relevant occupational group. The agreement also provided for appropriate minimum terms and conditions. However, the Commission found that the agreement did not comply with the principles of the national workplace relations system because it did not adequately protect the rights of employers to manage their businesses. Consequently, the Commission did not approve the agreement.

The Fair Work Commission did not approve the Radiation Therapists Collective Agreement 2013. The Commission found that while the agreement met most of the statutory criteria for approval, it did not adequately protect the rights of employers to manage their businesses, thus failing to comply with the principles of the national workplace relations system.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established