Enterprise bargaining – scope order – s.238 Fair Work Act 2009 – two applications for scope orders by bargaining representatives involved in negotiations for a proposed enterprise agreement for medical practitioners employed in the ACT public service – first applicant submitted that radiation oncologists should be excluded from coverage of agreement – first applicant submitted that there existed clear differences in operation and organisation, and a geographical distinction, of radiation oncologists and all other medical practitioners employed by the respondent – first applicant further submitted that he was meeting good faith bargaining requirements and that bargaining would be fairer and more efficient if the order was made – second applicant submitted that respondent had refused to address issues in her log of claims and that the question of scope had led to an impasse, thereby preventing the fair and efficient conduct of bargaining – second applicant submitted she was meeting good faith bargaining requirements – second applicant submitted that managerial responsibilities of SMPs were significant and that a separate agreement would recognise their seniority – respondent submitted that granting the scope orders would not result in a fairer or more efficient bargaining process than that currently underway – respondent disputed that radiation oncologists were organisationally of geographically distinct – respondent disputed that bargaining was deadlocked – Commission must be satisfied conditions of s.238(4) of FW Act met – Commission not satisfied that granting scope orders would make bargaining fairer or more efficient – applicants’ concerns about fairness of bargaining largely reflect dissatisfaction with the outcomes of the process – Commission also not satisfied that radiation oncologists or SMPs are geographically, operationally or organisationally distinct – Commission not satisfied that it was reasonable in all circumstances to make the orders – applications dismissed. Wilson and Anor v Australian Capital Territory as represented by ACT Health Directorate and Ors
