Adelaide Fertility Centre Pty Ltd T/A Repromed

Case

[2024] FWCA 4709

31 DECEMBER 2024


[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

  1. 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. 

  1. 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.

  1. 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.

  1. 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.

  1. 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

<AE527459  PR782894>

Annexure A

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