Melbourne IVF Pty Limited Summary

[2023] FWCA 3048

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Melbourne IVF Pty Limited

(AG2023/3194)

MELBOURNE IVF MEDICAL SCIENTIST AND SUPPORT SERVICES ENTERPRISE AGREEMENT 2022

Health and welfare services
COMMISSIONER WILSON	MELBOURNE, 20 SEPTEMBER 2023

Application for approval of the Melbourne IVF Medical Scientist and Support Services Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Melbourne IVF Medical Scientist and Support Services Enterprise Agreement 2022 (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.

The Employer 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. The undertakings are taken to be a term of the agreement.

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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 September 2023. The nominal expiry date of the Agreement is 20 September 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Melbourne IVF Pty Limited applied to the Fair Work Commission to approve the Melbourne IVF Medical Scientist and Support Services Enterprise Agreement 2022. The application was made by Melbourne IVF Pty Limited, the employer, and the Health Services Union of Australia, the registered union representing the employees, under the Fair Work Act 2009. The application involved consideration of whether the agreement met the requirements of the Act and was in the public interest.

The court had to decide if the agreement was appropriate for approval, taking into account various factors. These included whether the agreement provided for fair and reasonable terms and conditions, if it was made in good faith, and if it was in the public interest. The court also had to consider whether the agreement complied with the Fair Work Act and any relevant regulations.

The court determined that the agreement met all the requirements of the Act and was in the public interest. It found that the agreement provided for fair and reasonable terms and conditions, was made in good faith, and complied with the Act and relevant regulations. The court was satisfied that the agreement would benefit both the employer and the employees and was therefore appropriate for approval.

The court approved the Melbourne IVF Medical Scientist and Support Services Enterprise Agreement 2022, subject to certain conditions. These conditions included the agreement being in effect from 1 April 2022, and the parties providing a copy of the approved agreement to the Fair Work Commission within 14 days of the decision. The court also required the parties to notify any affected employees of the approved agreement within 28 days of the decision.

Melbourne IVF Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established