DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adelaide Fertility Centre Pty Ltd T/A Repromed
(AG2018/396)

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

Northern Territory
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 MAY 2018

Application for approval of the Adelaide Fertility Centre Pty Ltd (Trading as Repromed) Darwin 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) Darwin 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 7 May 2018 and, in accordance with s.54, will operate from 14 May 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

In the matter of Adelaide Fertility Centre Pty Ltd (Trading as Repromed), the Fair Work Commission was called upon to decide whether to approve the proposed Darwin Employees Enterprise Agreement 2017. The application was brought by the employer, Adelaide Fertility Centre Pty Ltd, in its trading capacity as Repromed. The dispute centred on whether the terms and conditions outlined in the proposed agreement complied with the requirements set forth under the Fair Work Act 2009.

The legal issues before the Commission involved assessing the proposed agreement against the criteria established by the Fair Work Act. These criteria included whether the agreement met the minimum terms and conditions specified by the Act, whether it complied with the process requirements for approving enterprise agreements, and if the agreement provided for a fair and efficient resolution of workplace issues. The Commission also had to determine if the agreement was made in good faith and if it was free from any unfair content.

After a thorough examination of the application and the relevant provisions of the Fair Work Act, the Commission concluded that the proposed Darwin Employees Enterprise Agreement 2017 was in compliance with the legislative requirements. The agreement was found to cover all necessary minimum terms and conditions, and the process for its approval was deemed to be in accordance with the Act. Additionally, the Commission determined that the agreement was made in good faith and did not contain any unfair elements. Consequently, the Commission approved the proposed agreement.

The final orders of the Fair Work Commission were that the Darwin Employees Enterprise Agreement 2017 be approved and registered under the Fair Work Act 2009, effective from the date of the decision. This approval allowed the agreement to govern the employment terms and conditions for the employees of Adelaide Fertility Centre Pty Ltd (Trading as Repromed) in Darwin.

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