[2015] FWCA 3695

The attached document replaces the document previously issued with the above code on 1 June 2015.

The operative date of the Agreement noted in paragraph [4] was incorrect and has been corrected (to reflect clause 4 of the Agreement) to show that the Agreement will operate from 2 July 2015.

Alicia Philbey

Relief Associate to Deputy President Booth

Dated 1 June 2015

[2015] FWCA 3695

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

IVF Australia Pty Ltd
(AG2015/2832)

IVF AUSTRALIA PTY LTD NURSING ENTERPRISE AGREEMENT 2015

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 1 JUNE 2015

Application for approval of the IVF Australia Pty Ltd Nursing Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the IVF Australia Pty Ltd Nursing Enterprise Agreement 2015 (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 New South Wales Nurses and Midwives’ Association & New South Wales Branch of the Australian Nursing and Midwifery Federation, 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) of the Act, I note that the Agreement covers this organisation.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are

relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 July 2015. The nominal expiry date of the Agreement is 1 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, IVF Australia Pty Ltd sought approval of the IVF Australia Pty Ltd Nursing Enterprise Agreement 2015. The applicant, IVF Australia Pty Ltd, is an employer within the assisted reproductive services industry, and the dispute involved the terms and conditions of employment for nursing staff. The Commission was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement provided for the mandatory matters outlined in section 235 of the Fair Work Act, including minimum wages and conditions, and whether it contained no prohibited content. Additionally, the Commission considered if the agreement had been made in accordance with the procedural requirements of the Act, including the extent to which the agreement was negotiated in good faith.

The Commission found that the agreement satisfied all the necessary criteria for approval. It contained provisions for the mandatory matters and did not include any prohibited content. The Commission also concluded that the agreement was made in accordance with the procedural requirements of the Fair Work Act, as it was negotiated in good faith and followed the appropriate process. Consequently, the Commission approved the IVF Australia Pty Ltd Nursing Enterprise Agreement 2015.

The Commission ordered that the IVF Australia Pty Ltd Nursing Enterprise Agreement 2015 be approved as a registered agreement under the Fair Work Act. The agreement was to be registered from the date of the Commission’s decision and would remain in effect until the earlier of its expiry or termination in accordance with its provisions.

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