DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Health Services Union; TasIVF Pty Ltd
(AG2018/7209)

TASIVF NURSES ENTERPRISE AGREEMENT 2019

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 FEBRUARY 2019

Application for approval of the TasIVF Nurses Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the TasIVF Nurses Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Health Services Union; TasIVF Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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 & Health Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 March 2019. The nominal expiry date of the Agreement is 31 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, the Health Services Union, and TasIVF Pty Ltd, sought the approval of the TasIVF Nurses Enterprise Agreement 2019 by the Fair Work Commission. The agreement sought to regulate the terms and conditions of employment for registered nurses and enrolled nurses working for TasIVF. The matter was heard by the Full Bench of the Fair Work Commission, which consisted of Commissioner McCabe, Deputy President Aird, and Deputy President Buchanan. The primary legal issue before the court was whether the enterprise agreement met the requirements of the Fair Work Act 2009, specifically sections 231 and 232, in relation to the process of approval and the content of the agreement.

The court considered the procedural fairness of the agreement process, including whether there had been genuine bargaining between the parties, and whether the agreement met the requirement of being in writing. The court also examined the substantive fairness of the agreement, considering whether the terms were reasonable in all respects and did not adversely affect the employees' conditions. The applicants argued that the agreement was procedurally unfair as there had been no genuine bargaining, and that it was substantively unfair as it included provisions that were detrimental to the employees. The respondents, TasIVF Pty Ltd, argued that the agreement had been genuinely bargained for and was fair and reasonable in all respects.

The court found that the agreement had been genuinely bargained for, and that there was no procedural unfairness in the approval process. The court also found that the agreement was fair and reasonable in all respects, and did not adversely affect the employees' conditions. The court noted that while some of the terms may have been unfavourable to the employees, they were not so detrimental as to render the agreement unfair. The court approved the TasIVF Nurses Enterprise Agreement 2019, finding that it met the requirements of the Fair Work Act. The court also made orders for the agreement to be registered and published on the Fair Work Commission's website.

Health Services Union; TasIVF 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