DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ballarat IVF Pty Ltd
(AG2018/5434)

BALLARAT IVF PTY LTD SCIENTISTS AGREEMENT 2018-2022

Health and welfare services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 7 MARCH 2019

Application for approval of the Ballarat IVF Pty Ltd Scientists Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the Ballarat IVF Pty Ltd Scientists Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ballarat IVF Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Health Services Union of Australia 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 March 2019. The nominal expiry date of the Agreement is 6 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of the Ballarat IVF Pty Ltd Scientists Agreement 2018-2022. The application was made by the employer, Ballarat IVF Pty Ltd, under section 62 of the Fair Work Act 2009. The primary legal issue before the court was whether the proposed agreement constituted a safety net agreement, which is an agreement that meets specific criteria outlined in the Act, and thus required the court's approval.

The court examined the definition and requirements of a safety net agreement, which includes being an enterprise agreement, covering employees, and meeting certain provisions such as minimum rates of pay and conditions. The court considered whether the proposed agreement met these criteria, particularly focusing on whether it provided for the minimum rates of pay and conditions as stipulated in the Act. The employer argued that the agreement met the safety net requirements, while the employees' representative contested this, asserting that the agreement did not adequately meet the safety net provisions.

Upon reviewing the terms of the agreement, the court found that it did indeed meet the criteria for a safety net agreement. The agreement was an enterprise agreement, it covered the relevant employees, and it contained provisions that aligned with the minimum standards set out in the Act. Consequently, the court approved the agreement under section 231 of the Fair Work Act 2009, thereby authorising its implementation. The court's decision was grounded in its determination that the agreement fulfilled the necessary legal requirements for a safety net agreement.

Ballarat IVF Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established