DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Peter MacCallum Cancer Centre
(AG2015/1778)

PETER MACCALLUM CANCER CENTRE (BIOMEDICAL ENGINEERS) ENTERPRISE AGREEMENT 2014-2017

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 19 FEBRUARY 2015

Application for approval of the Peter MacCallum Cancer Centre (Biomedical Engineers) Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Peter MacCallum Cancer Centre (Biomedical Engineers) Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Peter MacCallum Cancer Centre. The agreement is a single-enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54, will operate from 26 February 2015. The nominal expiry date of the Agreement is 30 June 2017.

[4] The Association of Professional Engineers, Scientists and Managers, Australia 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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves the Peter MacCallum Cancer Centre and its employees represented by the Health Services Union of Australia. The dispute pertains to the application for approval of the Peter MacCallum Cancer Centre (Biomedical Engineers) Enterprise Agreement 2014-2017. The matter was heard in the Fair Work Commission.

The primary legal issue before the court was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for the fair and reasonable terms and conditions for the employees, considering factors such as the nature of the work, the parties' bargaining power, and the overall fairness of the terms. The court also had to consider if the agreement included appropriate mechanisms for resolving disputes.

In its decision, the Fair Work Commission examined the evidence presented by both parties and the provisions of the proposed agreement. The Commission noted the agreement's provisions on wages, hours of work, leave entitlements, and other terms and conditions. The Commission found that the agreement, while not perfect, provided for fair and reasonable terms and conditions for the employees, taking into account the nature of the work and the parties' bargaining power. The Commission also considered the appropriate dispute resolution mechanisms included in the agreement. Ultimately, the Commission approved the application for the agreement, finding that it met the necessary criteria for approval.

Peter MacCallum Cancer Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established