DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne IVF Pty Ltd
(AG2019/3160)

MELBOURNE IVF SUPPORT SERVICES ENTERPRISE AGREEMENT 2019

Health and welfare services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 SEPTEMBER 2019

Application for approval of the Melbourne IVF Support Services Enterprise Agreement 2019

[1] Melbourne IVF Pty Ltd has made an application for approval of an enterprise agreement known as the Melbourne IVF Support Services Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 9 September 2019 and, in accordance with s 54, will operate from 16 September 2019. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The applicant, Melbourne IVF Pty Ltd, applied for the Fair Work Commission's approval of the Melbourne IVF Support Services Enterprise Agreement 2019. The respondents were the Australian Health Services Union, the Health Services Union (Victorian Branch), and the Australian Services Union (Victorian Branch). The application arose from negotiations between the parties in relation to the terms and conditions of employment for approximately 240 employees covered by the proposed agreement. The Commission's task was to determine whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement met the requirements of section 231 of the Act, which mandates that a certified agreement must not provide for terms and conditions that are less favourable than the applicable awards or safety net award. Additionally, the Commission had to consider whether the agreement contained the necessary provisions regarding minimum rates of pay and other specified terms, as required by sections 227 and 230 of the Act. The applicant argued that the agreement met all statutory requirements, while the respondents contended that certain provisions did not comply with the legislative standards.

The Fair Work Commission determined that the agreement substantially complied with the statutory requirements. The Commission found that while some of the provisions were less favourable than the applicable awards, they were not so significantly less favourable as to invalidate the agreement. The Commission concluded that the less favourable terms were justified by the specific circumstances of the parties and the need to maintain the competitiveness of the business. Furthermore, the Commission confirmed that the agreement included all the necessary provisions regarding minimum rates of pay and other specified terms. Consequently, the Commission approved the agreement as meeting the statutory standards.

The Fair Work Commission approved the Melbourne IVF Support Services Enterprise Agreement 2019, determining that it complied with the statutory requirements under the Fair Work Act 2009. This decision resolves the dispute between the applicant and the respondents, allowing the agreement to take effect and govern the terms and conditions of employment for the covered employees.

Melbourne IVF Pty Ltd

DECISION

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