DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adelaide Fertility Centre Pty Ltd T/A Repromed
(AG2018/357)

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

Health and welfare services
COMMISSIONER WILSON	MELBOURNE, 31 MAY 2018

Application for approval of the Adelaide Fertility Centre Pty Ltd (Trading as Repromed) Nursing 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) Nursing 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 Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 June 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, Adelaide Fertility Centre Pty Ltd, trading as Repromed, sought approval for its Nursing Employees Enterprise Agreement 2017 from the Fair Work Commission. The application was contested by the Australian Nursing and Midwifery Federation SA Branch (ANMF), which raised concerns regarding the proposed agreement's terms, particularly those concerning shift loading, penalty rates, and other conditions of employment.

The central legal issues before the commission involved interpreting the Fair Work Act 2009 and the Fair Work Regulations 2009, with a focus on whether the agreement met the statutory requirements for approval. Specifically, the commission had to determine whether the agreement was in the public interest, free from any contraventions or inconsistencies with the Fair Work Act, and whether it provided for fair terms and conditions of employment.

The Fair Work Commission meticulously reviewed the terms of the proposed agreement against the statutory criteria. The commission found that the agreement was largely consistent with the Fair Work Act and did not contravene any relevant provisions. However, it did identify certain areas of concern, particularly regarding the proposed shift loading and penalty rates. After considering submissions from both parties, the commission determined that the overall terms of the agreement were fair and reasonable. It was satisfied that the agreement met the statutory requirements and would not be detrimental to the public interest. Therefore, the commission approved the agreement, subject to certain conditions.

The final orders of the commission included the approval of the agreement with specific amendments to certain clauses to address the concerns raised. The agreement was to be registered and enforceable as of a specified date, with the modifications ensuring compliance with the statutory requirements and maintaining fair terms and conditions for the 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