Adelaide Fertility Centre Pty Ltd T/A Repromed

[2014] FWCA 3552

[2014] FWCA 3552

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Adelaide Fertility Centre Pty Ltd T/A Repromed
(AG2014/6040)

ADELAIDE FERTILITY CENTRE PTY LTD (TRADING AS REPROMED) DARWIN EMPLOYEES ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 28 MAY 2014

Application for approval of the Adelaide Fertility Centre Pty Ltd (trading as Repromed) Darwin Employees Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Adelaide Fertility Centre Pty Ltd (trading as Repromed) Darwin Employees Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Adelaide Fertility Centre Pty Ltd T/A Repromed. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] In so finding, I note that the employer’s declaration indicted that the information regarding the ballot of employees was not provided to the employees at least 7 clear days before the commencement of the ballot. On face value, it would appear that the relevant 7 day access period requirements of s.180(3) and (4) of the Act had not been met in this case. Subsequent information provided to the Commission has confirmed that the information required by s.180(3) was given to the employees well in advance of the commencement of the access period.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 June 2014. The nominal expiry date of the Agreement is 30 June 2017.

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