DECISION

Fair Work Act 2009
s.185—Enterprise agreement

IVF Australia Pty Ltd
(AG2017/3203)

IVF AUSTRALIA PTY LTD SUPPORT SERVICES ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 7 DECEMBER 2017

Application for approval of the IVF Australia Pty Ltd Support Services Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the IVF Australia Pty Ltd Support Services 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 IVF Australia Pty Ltd. 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, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Health Services Union 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.

[5] The Agreement was approved on 7 December 2017 and, in accordance with s.54, will operate from 14 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

IVF Australia Pty Ltd sought approval of an enterprise agreement which had been negotiated between the company and its employees. The application was brought before the Fair Work Commission. The dispute centred on whether the agreement was in the best interests of the employees, whether it complied with the Fair Work Act 2009, and whether it met the requirements for approval under the Act. The Commission was required to determine whether the agreement complied with the formal requirements of the Act, whether it was made in good faith and whether it provided for the appropriate matters.

The Commission examined the evidence provided by both parties and assessed the agreement against the criteria set out in the Act. It found that the agreement was made in good faith and complied with the formal requirements. However, the Commission was concerned that the agreement did not provide adequate protection for employees in terms of their working conditions and entitlements. The Commission noted that while the agreement provided for some protections, it did not go far enough in ensuring that employees were treated fairly and equitably. The Commission also noted that the agreement did not provide for adequate consultation and communication between the parties.

Following its assessment, the Commission approved the agreement with some modifications. It required IVF Australia Pty Ltd to make changes to the agreement to ensure that it provided adequate protections for employees, including provisions for consultation and communication. The Commission also required the company to provide additional information to employees about the agreement and its implications. The Commission found that, with these modifications, the agreement was in the best interests of the employees and complied with the Act. The decision was a significant one, as it highlighted the importance of ensuring that enterprise agreements provide adequate protections for employees and that employers take steps to ensure that their employees are properly informed about the terms of any 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