DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne IVF Pty Ltd
(AG2017/6359)

MELBOURNE IVF COUNSELLORS ENTERPRISE AGREEMENT 2017

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 JUNE 2018

Application for approval of the Melbourne IVF Counsellors Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne IVF Counsellors Enterprise Agreement 2017 (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 Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The Health Services Union of Australia 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2018. The nominal expiry date of the Agreement is 1 May 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Melbourne IVF Pty Ltd was the subject of an application for the approval of the Melbourne IVF Counsellors Enterprise Agreement 2017. The application was heard in the Fair Work Commission, with the dispute arising from the negotiations between Melbourne IVF and the relevant union over the proposed agreement. The central issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, particularly in relation to the bargaining processes and the fairness of the terms and conditions.

The Commission examined the evidence presented regarding the bargaining process, including the timeliness and fairness of the negotiations, and the extent to which the parties engaged in good faith. The Commission also considered the fairness of the terms and conditions in the proposed agreement, including the classification and remuneration of employees. In determining whether to approve the agreement, the Commission weighed the need for a fair and efficient bargaining process against the potential impact of the agreement on the employees and the employer.

The Commission found that the proposed agreement was fair and reasonable, noting the comprehensive nature of the bargaining process and the overall fairness of the terms and conditions. The Commission was satisfied that the agreement met the statutory criteria for approval, and accordingly, it approved the Melbourne IVF Counsellors Enterprise Agreement 2017. The Commission highlighted the importance of the agreement in providing a fair and effective framework for the relationship between the parties, and in ensuring that the rights and interests of both employees and employers were adequately protected.

Melbourne IVF 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