austlii:cth/FWCA/2026/442
General information, not legal advice.
FWCA
2026-02-19
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Genesis Cancer Care Wa Pty Limited Trading AS Genesiscare
GENESISCARE ONCOLOGY WA RADIATION THERAPISTS ENTERPRISE AGREEMENT 2025
Application for approval of the GenesisCare Oncology WA Radiation Therapists Enterprise Agreement 2025
[1] Genesis Cancer Care WA Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the GenesisCare Oncology WA Radiation Therapists Enterprise Agreement 2025 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
[3] In compliance with s 190(4) of the Act, the bargaining representatives' views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.
[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.
[5] The Health Services Union (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.
[6] The Agreement was approved on 19 February 2026 and, in accordance with s 54, will operate from 26 February 2026. The nominal expiry date of the Agreement is 31 July 2028.

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