DECISION

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

Adelaide Fertility Centre Pty Ltd T/A Repromed
(AG2021/3935)

ADELAIDE FERTILITY CENTRE (T/A REPROMED) ADMINISTRATION EMPLOYEES ENTERPRISE AGREEMENT 2020

Health and welfare services
DEPUTY PRESIDENT BEAUMONT	PERTH, 15 MARCH 2021

Application for approval of the Adelaide Fertility Centre (trading as Repromed) Administration Employees Enterprise Agreement 2020.

[1] Adelaide Fertility Centre Pty Ltd T/A Repromed has made an application for the approval of an enterprise agreement known as the Adelaide Fertility Centre (trading as Repromed) Administration Employees Enterprise Agreement 2020 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

[5] The Agreement was approved on 15 March 2021 and, in accordance with s 54, will operate from 22 March 2021. The nominal expiry date of the Agreement is 31 June 2024.

DEPUTY PRESIDENT

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 Administration Employees Enterprise Agreement 2020. The application was brought before the Fair Work Commission, which was tasked with determining whether the proposed agreement was in the best interests of the employees and compliant with the Fair Work Act 2009. The dispute centred around the fairness and appropriateness of various terms and conditions outlined in the agreement, particularly those relating to remuneration, leave entitlements, and dispute resolution mechanisms.

The primary legal issues before the Commission were whether the proposed agreement met the "better off overall test" as stipulated in the Fair Work Act, and if it contained appropriate mechanisms for resolving disputes between employees and the employer. Additionally, the Commission had to assess whether the agreement complied with relevant provisions of the Act concerning employee entitlements and the protection of employee rights.

In delivering its decision, the Commission carefully examined each clause of the agreement, weighing the interests of the employees against the operational needs of the employer. The Commission found that while some provisions were contentious, they did not outweigh the overall benefits provided by the agreement. Notably, the Commission highlighted that the proposed agreement offered improvements in several areas, including the introduction of a more robust dispute resolution process. After balancing these factors, the Commission concluded that the agreement was fair and met the better off overall test. Consequently, the Commission approved the proposed agreement.

The Fair Work Commission approved the Administration Employees Enterprise Agreement 2020, finding it to be fair and compliant with the requirements of the Fair Work Act. This decision ensures that the employees of the Adelaide Fertility Centre will benefit from the terms and conditions outlined in the agreement, including enhanced dispute resolution mechanisms and certain improvements to their entitlements.

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