Adelaide Fertility Centre Pty Ltd T/A Repromed

[2019] FWCA 3550

[2019] FWCA 3550

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
(AG2019/491)

ADELAIDE FERTILITY CENTRE PTY LTD (TRADING AS REPROMED) SOUTH AUSTRALIAN LABORATORY EMPLOYEES ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER PLATT	ADELAIDE, 23 MAY 2019

Application for approval of the Adelaide Fertility Centre Pty Ltd (Trading as Repromed) South Australian Laboratory Employees Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Adelaide Fertility Centre Pty Ltd (Trading as Repromed) South Australian Laboratory Employees Enterprise Agreement 2017 (the Agreement) 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] The matter was allocated to my Chambers on 16 April 2019.

[3] On 29 April 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 13 May 2019. The undertaking deals with the following topics:

•  Clause 27 of the Agreement is varied to include ceremonial leave in accordance with the Health Professionals and Support Services Award 2010 (the Award).

•  Clause 12.3 of the Agreement is varied to include a casual conversion clause in accordance with the Award.

•  Clause 19.1 of the Agreement is amended as follows:

“Where an employee is required by Repromed to use his/her own motor vehicle in the performance of his/her duties, he/she shall be paid an allowance commensurate with the Health Professionals and Support Services Award motor vehicle allowance rates.”

•  Clause 16.2 of the Agreement is varied to include a provision, in accordance with the Award, which requires the Applicant to pay part-time employees overtime when they work in excess of their contracted hours.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2021.

COMMISSIONER

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