Adelaide Fertility Centre Pty Ltd T/A Repromed

[2024] FWCA 4709

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Adelaide Fertility Centre Pty Ltd T/A Repromed

(AG2024/4825)

ADELAIDE FERTILITY CENTRE (TRADING AS REPROMED) ADMINISTRATION EMPLOYEES ENTERPRISE AGREEMENT 2024

Health and welfare services
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 31 DECEMBER 2024

Application for approval of the Adelaide Fertility Centre (Trading as Repromed) Administration Employees Enterprise Agreement 2024

Adelaide Fertility Centre Pty Ltd has applied for approval of an enterprise agreement known as the Adelaide Fertility Centre (Trading as Repromed) Administration Employees Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

· 10.3(d),18, 20

However, noting clause 3(c) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 January 2025. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved an application by Adelaide Fertility Centre Pty Ltd, trading as Repromed, to have their proposed enterprise agreement approved by the Fair Work Commission. This was the first such agreement to be negotiated between the company and its administration employees. The application was heard in the Fair Work Commission, with Commissioner J. P. Slattery presiding.

The primary legal issue before the court was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was in the public interest and if it was made in good faith and without coercion. Given that this was a greenfield agreement, the court needed to ensure that the terms were fair and reasonable for both the employees and the employer.

The court found that the agreement met the necessary criteria. It was determined to be in the public interest, promoting better workplace relations and providing a fair and reasonable framework for the employees. The court was satisfied that the agreement was made in good faith and without coercion, and that it contained appropriate safeguards for employees. The terms of the agreement were found to be fair and reasonable, balancing the needs and interests of both parties. Based on these findings, the court approved the enterprise agreement.

The final orders of the court were that the proposed Adelaide Fertility Centre (Trading as Repromed) Administration Employees Enterprise Agreement 2024 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered and would come into effect on the date of the decision. The approval was subject to the usual conditions and obligations under the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established