DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adelaide Fertility Centre Pty Ltd T/A Repromed
(AG2018/1164)

ADELAIDE FERTILITY CENTRE PTY LTD (TRADING AS REPROMED) ADMINISTRATION EMPLOYEES ENTERPRISE AGREEMENT 2017

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 JUNE 2018

Application for approval of the Adelaide Fertility Centre Pty Ltd (Trading as Repromed) Administration 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) Administration Employees Enterprise Agreement 2017 (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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Adelaide Fertility Centre Pty Ltd, trading as Repromed, applied to the Fair Work Commission for approval of the Administration Employees Enterprise Agreement 2017. The applicants sought to have the agreement registered under the Fair Work Act 2009, and the dispute was heard in the Fair Work Commission. The primary issue before the Commission was whether the agreement complied with the requirements of the Act, particularly in relation to the provisions concerning employee entitlements and the dispute resolution process. The Commission needed to determine if the agreement met the statutory criteria for approval, including whether it provided for fair and reasonable terms and conditions, and if it included adequate provisions for dispute resolution.

The Commission examined the agreement clause by clause, considering whether the terms were fair and reasonable and if they provided for appropriate dispute resolution mechanisms. The Commission noted that the agreement contained provisions for annual leave, personal/carer's leave, and long service leave, which were considered reasonable. The Commission also assessed the dispute resolution process outlined in the agreement, which included provisions for conciliation and mediation before escalation to arbitration. The Commission concluded that the dispute resolution provisions were adequate and met the statutory requirements. After reviewing the agreement in its entirety, the Commission determined that it complied with the Act and approved the agreement.

The Fair Work Commission approved the Administration Employees Enterprise Agreement 2017, finding that it met the requirements of the Fair Work Act 2009. The Commission's decision was based on its assessment that the agreement provided for fair and reasonable terms and conditions, and included adequate dispute resolution provisions. The approval of the agreement means that it will now be registered and enforceable under the Act, providing a framework for the employment relationship between the applicants and their administration employees.

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