DECISION

Fair Work Act 2009
s.185—Enterprise agreement

IVF Australia Pty Ltd
(AG2021/4131)

IVF AUSTRALIA PTY LTD SUPPORT SERVICES ENTERPRISE AGREEMENT 2020

Health and welfare services
DEPUTY PRESIDENT BOYCE	SYDNEY, 25 MARCH 2021

Application for approval of the IVF Australia Pty Ltd Support Services Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the IVF Australia Pty Ltd Support Services Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by IVF Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 19 March 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Health Professionals and Support Services Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[3] The following employee organisation (which was a bargaining representative for the Agreement), has given notice under s.183 of the Act that they want to be covered by the Agreement:

Health Services Union of Australia (HSU).

[4] In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[6] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 April 2021. The nominal expiry date of the Agreement is 25 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, IVF Australia Pty Ltd applied for approval of the IVF Australia Pty Ltd Support Services Enterprise Agreement 2020. The agreement was the outcome of negotiations between IVF Australia and its employees represented by the Health Services Union of Australia. The dispute centred on whether the agreement complied with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

The court was tasked with determining whether the agreement met the requirements for minimal terms, including the minimum rates of pay and conditions of employment, and whether it included appropriate dispute resolution mechanisms. IVF Australia argued that the agreement was fair and reasonable, while the union contended that it did not provide adequate protections for employees.

The commission found that the agreement provided for minimum terms and conditions of employment and included dispute resolution mechanisms that met the requirements of the relevant legislation. It also found that the agreement was not inconsistent with any industrial instrument and did not discriminate against any group of employees. The commission approved the agreement, stating that it provided for a fair and reasonable outcome for both parties.

The final orders of the commission were that the IVF Australia Pty Ltd Support Services Enterprise Agreement 2020 be approved and registered, effective from the date of the decision. IVF Australia was required to take all necessary steps to give effect to the agreement, and the union was required to inform its members of the approval of the agreement.

IVF Australia 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