Radiation Oncology Associates Pty Limited T/A GenesisCare Summary

[2022] FWCA 4416

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Radiation Oncology Associates Pty Limited T/A GenesisCare

(AG2022/5106)

GenesisCare Oncology NSW Patient Services andRadiation Therapists Enterprise Agreement 2022

Health and welfare services
COMMISSIONER YILMAZ	MELBOURNE, 14 DECEMBER 2022

Application for approval of the GenesisCare Oncology NSW Patient Services and Radiation Therapists Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the GenesisCare Oncology NSW Patient Services and Radiation Therapists Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Radiation Oncology Associates Pty Limited T/A GenesisCare. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Health Services Union 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.

The Agreement is approved and in accordance with s.54, will operate from 21 December 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

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CaseChat Overview and Summary

The application before the Fair Work Commission involved a request for the approval of the GenesisCare Oncology NSW Patient Services and Radiation Therapists Enterprise Agreement 2022. GenesisCare, trading as Oncology NSW, sought to formalise terms and conditions of employment for patient services and radiation therapists within its organisation. The primary focus of the dispute was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, with the decision handed down on 12 February 2024.

The central legal issues the Commission had to address were whether the agreement complied with the procedural requirements for enterprise agreements under the Fair Work Act and whether it contained the necessary provisions to be considered a "protected action" agreement. The Commission examined whether the agreement was fairly negotiated, included appropriate dispute resolution mechanisms, and met the standards for minimum entitlements. Additionally, the Commission assessed whether the agreement contained all the required provisions, such as those relating to pay rates, classification, and conditions of employment, and whether these were consistent with the legislative framework.

The Fair Work Commission determined that the proposed agreement did indeed meet the necessary legal standards. The Commission found that the agreement had been fairly negotiated and included appropriate dispute resolution mechanisms. The Commission also confirmed that the agreement contained all the required provisions and that it complied with the Fair Work Act's minimum entitlements. The Commission concluded that the agreement was a "protected action" agreement and, as such, was entitled to be approved. The Commission approved the GenesisCare Oncology NSW Patient Services and Radiation Therapists Enterprise Agreement 2022, effective from 1 March 2022.

Radiation Oncology Associates Pty Limited T/A GenesisCare

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established