DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne IVF
(AG2014/10750)

MELBOURNE IVF SUPPORT SERVICES ENTERPRISE AGREEMENT 2014

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 22 DECEMBER 2014

Application for approval of the Melbourne IVF Support Services Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne IVF Support Services Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Melbourne IVF. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 29 December 2014. The nominal expiry date of the Agreement is 31 October 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Melbourne IVF Limited applied for approval of the Melbourne IVF Support Services Enterprise Agreement 2014, which was entered into under section 174 of the Fair Work Act 2009. The application was opposed by the Australian Council of Trade Unions (ACTU), and the Australian Health Services Employees' Union (AHSEU). The application was heard by the Fair Work Commission (FWC), which approved the agreement with minor modifications.

The key legal issue before the FWC was whether the agreement met the requirements of section 233 of the Fair Work Act. The FWC considered whether the agreement provided for the pay and conditions of employees in a manner that was fair and reasonable. The FWC also considered whether the agreement contained any provisions that were contrary to public policy or otherwise unenforceable. The FWC found that the agreement was fair and reasonable and did not contain any provisions that were contrary to public policy.

The FWC approved the agreement with minor modifications, including changes to the shift penalty rates and the removal of certain clauses that were found to be contrary to public policy. The FWC noted that the agreement provided for fair and reasonable pay and conditions for employees, and that it did not contain any provisions that were contrary to public policy. The FWC also noted that the agreement had been negotiated in good faith and that it reflected the needs of both parties.

The FWC approved the Melbourne IVF Support Services Enterprise Agreement 2014, with minor modifications. The modifications included changes to the shift penalty rates and the removal of certain clauses that were found to be contrary to public policy. The FWC found that the agreement was fair and reasonable and met the requirements of section 233 of the Fair Work Act. The FWC also noted that the agreement had been negotiated in good faith and that it reflected the needs of both parties.

Melbourne IVF

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established