DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne IVF Pty Limited
(AG2020/2670)

MELBOURNE IVF MEDICAL SCIENTISTS ENTERPRISE AGREEMENT 2020

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 SEPTEMBER 2020

Application for approval of the Melbourne IVF Medical Scientists Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne IVF Medical Scientists Enterprise Agreement 2020 (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 Pty Limited. 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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 October 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Melbourne IVF Pty Limited sought approval of the Melbourne IVF Medical Scientists Enterprise Agreement 2020 from the Fair Work Commission. The application was opposed by the Health Services Union of Australia. The nature of the dispute was centred on the terms and conditions of employment for medical scientists within the organisation, specifically focusing on issues such as pay rates, hours of work, and other employment entitlements as stipulated in the proposed agreement.

The primary legal issues before the court were whether the terms and conditions of the proposed enterprise agreement were fair and reasonable, and if they complied with the relevant provisions of the Fair Work Act 2009. The court had to consider whether the agreement provided for adequate remuneration, reasonable working hours, and other entitlements that were fair and reasonable in the circumstances of the employees. Additionally, the court examined whether the agreement met the requirements for "better off overall and in the round" as prescribed by the Fair Work Act.

The court found that the proposed agreement was fair and reasonable in all respects. It concluded that the terms provided for appropriate remuneration and working conditions that were not only fair to the employees but also reasonable for the employer. The court considered the evidence and submissions presented by both parties, including expert testimony on industry standards and the financial capacity of Melbourne IVF Pty Limited. The court was satisfied that the agreement did not unjustifiably disadvantage either party and was in line with the principles of the Fair Work Act. The application was subsequently approved, and the Melbourne IVF Medical Scientists Enterprise Agreement 2020 was registered.

Melbourne IVF Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established