DECISION

Fair Work Act 2009
s.185—Enterprise agreement

IVF Australia Pty Limited T/A IVF Australia
(AG2019/4793)

IVF AUSTRALIA PTY LIMITED COUNSELLORS ENTERPRISE AGREEMENT 2019

Health and welfare services
DEPUTY PRESIDENT CROSS	SYDNEY, 1 APRIL 2020

Application for approval of the IVF Australia Pty Ltd Counsellors Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the IVF Australia Pty Ltd Counsellors 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 IVF Australia Pty Limited. The Agreement is a single enterprise agreement.

[2] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 1 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

IVF Australia Pty Limited, trading as IVF Australia, sought approval for the IVF Australia Pty Ltd Counsellors Enterprise Agreement 2019 from the Fair Work Commission (FWC). The dispute arose from negotiations between the employer and the union representing the counsellors, resulting in an enterprise agreement that required FWC's approval. The union and the employer presented arguments on various aspects of the agreement, including wages, conditions, and dispute resolution mechanisms.

The legal issues before the FFW centred on whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement contained the minimum terms and conditions as per the Fair Work Act, did not discriminate on unjust grounds, and was made in good faith. The FWC also considered whether the agreement facilitated the effective operation of the enterprise by balancing the interests of both parties.

The FWC found that the agreement met the statutory requirements for approval. The FWC noted that the agreement provided for minimum wages and conditions and contained provisions for dispute resolution. The FWC was satisfied that the agreement was made in good faith and did not discriminate against any group of employees. The FWC also considered the evidence presented by both parties and concluded that the agreement facilitated the effective operation of the enterprise by providing a fair and reasonable balance of interests.

The FWC approved the IVF Australia Pty Ltd Counsellors Enterprise Agreement 2019, subject to certain conditions. The approval was effective from 1 April 2020, and the agreement applied to all counsellors employed by IVF Australia. The FWC also noted that the agreement contained provisions for future bargaining and the possibility of further amendments.

IVF Australia Pty Limited T/A IVF Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established