[2016] FWCA 987

The attached document replaces the document previously issued with the above code on 12 February 2016.

Title of agreement corrected in preamble, subject line and paragraph [1].

Chris Macheras

Member Assist

Dated 12 February 2016

[2016] FWCA 987

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adelaide Fertility Centre Pty Ltd T/A Repromed
(AG2015/7186)

ADELAIDE FERTILITY CENTRE PTY LTD (TRADING AS REPROMED) ADMINISTRATION EMPLOYEES ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 12 FEBRUARY 2016

Application for approval of the Adelaide Fertility Centre Pty Ltd (Trading as Repromed) Administration Employees Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Adelaide Fertility Centre Pty Ltd (Trading as Repromed) Administration Employees Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Adelaide Fertility Centre Pty Ltd T/A Repromed. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 February 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Adelaide Fertility Centre, trading as Repromed, which sought approval for its 2015 Administration Employees Enterprise Agreement. The application was before the Fair Work Commission, which was tasked with assessing whether the agreement met the statutory requirements under the Fair Work Act 2009. The primary dispute centred around specific provisions within the agreement that the Commission needed to scrutinise to determine if they complied with the legislative framework designed to protect the rights and interests of employees while balancing the needs of employers.

The legal issues that the Commission had to resolve included whether the agreement adequately met the criteria set out in section 230 of the Act, such as ensuring fair and reasonable terms, and whether the agreement was made in good faith. Additionally, the Commission needed to examine if the agreement provided appropriate mechanisms for resolving disputes between the parties and whether it complied with the procedural requirements for employee representation and consultation. The fairness and reasonableness of the terms, particularly those relating to remuneration, hours of work, and other conditions, were also under review to ensure they did not unduly disadvantage the employees.

The Fair Work Commission determined that the agreement largely complied with the legislative requirements. The Commission found that the terms of the agreement were fair and reasonable, and that the process through which the agreement was made demonstrated good faith. The Commission was satisfied that the agreement provided sufficient mechanisms for dispute resolution and met the procedural requirements for employee representation and consultation. Consequently, the Commission approved the agreement, acknowledging its compliance with the statutory framework while ensuring the protection of employees' rights and interests.

The Commission issued an order approving the Adelaide Fertility Centre Pty Ltd (Trading as Repromed) Administration Employees Enterprise Agreement 2015. The approval was contingent upon the agreement being registered with the Fair Work Commission in accordance with the Act. The decision provided clarity on the application of the statutory criteria and the procedural requirements, setting a precedent for similar future agreements.

Adelaide Fertility Centre Pty Ltd T/A Repromed

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established