austlii:cth/FWCA/2025/1531
General information, not legal advice.
FWCA
2025-05-08
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Integrated Clinical Oncology Network Pty Ltd Trading AS Icon Group
ICON GROUP RADIATION THERAPIST ENTERPRISE AGREEMENT NEW SOUTH WALES
Application for approval of the Icon Group Radiation Therapist Enterprise Agreement New South Wales
[1] An application has been made for approval of an enterprise agreement to be known as the Icon Group Radiation Therapist Enterprise Agreement New South Wales (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Integrated Clinical Oncology Network Pty Ltd Trading AS Icon Group (Employer). The Agreement is a single enterprise agreement.
[2] The Employer has provided written undertakings dated 6 May 2025. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Health Professionals and Support Services Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
[4] Pursuant to s.205A(2) of the Act, the workplace delegates' rights term prescribed by the Health Professionals and Support Services Award 2020 is taken to be a term of the Agreement.
[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.
[6] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 May 2025. The nominal expiry date of the Agreement is 30 June 2027.
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