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austlii:cth/FWCA/2026/862
General information, not legal advice.
FWCA
2026-04-02
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
INTEGRATED CLINICAL ONCOLOGY NETWORK PTY LTD T/A ICON CANCER CENTRE AND ANMF/QNMU NURSING ENTERPRISE AGREEMENT 2025-2028
Application for approval of the Integrated Clinical Oncology Network Pty Ltd T/A Icon Cancer Centre and ANMF/QNMU Nursing Enterprise Agreement 2025-2028
[1] Integrated Clinical Oncology Network Pty Ltd ("the Employer") has applied for approval of an enterprise agreement known as Integrated Clinical Oncology Network Pty Ltd T/A Icon Cancer Centre and ANMF/QNMU Nursing Enterprise Agreement 2025-2028 ("the Agreement"). The Application was made under section 185 of the Fair Work Act 2009 ("the Fair Work Act"). The Agreement is a single enterprise agreement.
[2] There is a minor discrepancy as between the Notice of Employee Representational Rights, and the Agreement as made, as to the Agreement's title. For the purposes of subsection 188(5) I am satisfied that this was a minor technical error and not likely to disadvantage any employees in the circumstances.
[3] Noting clause 5.1 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards ("NES") in the Fair Work Act will prevail where there is an inconsistency between the Agreement and the NES.
[4] In light of the foregoing, and after having regard to the Statement of Principles on Genuine Agreement as well as the application and declarations filed in this matter, I am satisfied that each of the requirements of sections 186, 187, and 188 of the Fair Work Act as are relevant to this application for approval have been met.
[5] The Australian Nursing and Midwifery Federation (ANMF) lodged a declaration in the prescribed form[1] giving notice under s.183 of the Fair Work Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Fair Work Act, I note the Agreement covers the ANMF.
[6] The Agreement is approved and will operate in accordance with section 54 of the Fair Work Act. The nominal expiry date of the Agreement is 30 June 2028.
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