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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Adelaide Fertility Centre Pty Ltd, trading as Repromed, sought approval of their South Australian Laboratory Employees Enterprise Agreement 2017 from the Fair Work Commission. The dispute arose from disagreements over certain provisions within the proposed agreement, particularly those concerning the classification and remuneration of employees. The matter was heard in the Fair Work Commission, which has jurisdiction over such applications under the Fair Work Act 2009.

The legal issues before the Commission involved the interpretation and validity of specific clauses within the enterprise agreement. The Commission had to determine whether the provisions in question complied with the statutory requirements set out in the Fair Work Act and whether they met the standards of procedural fairness. The central focus was on whether the classification of roles and associated remuneration were reasonable and equitable for the employees involved.

The Commission examined the evidence and submissions provided by both parties, assessing the fairness of the agreement's terms in light of relevant legal principles and precedents. After careful consideration, the Commission found that the classification and remuneration provisions were fair and did not contravene the statutory requirements. The Commission approved the enterprise agreement, noting the need for ongoing monitoring to ensure compliance with employment standards.

The Fair Work Commission approved the Adelaide Fertility Centre Pty Ltd (Trading as Repromed) South Australian Laboratory Employees Enterprise Agreement 2017, subject to the terms and conditions specified in the decision. This outcome ensures that the agreement remains in effect, provided both parties adhere to the statutory obligations and procedural fairness principles established by the Commission.

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