Melbourne IVF Pty Ltd Summary

[2013] FWCA 2398

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Melbourne IVF Pty Ltd
(AG2013/5852)

MELBOURNE IVF MEDICAL SCIENTISTS ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER MCKENNA	BRISBANE, 18 APRIL 2013

Application for approval of the Melbourne IVF Medical Scientists Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne IVF Medical Scientists Enterprise Agreement 2013 (“the Agreement”). The application has been made by Melbourne IVF Pty Ltd (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. The applicant has provided written undertakings addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] The Health Services Union Victoria No.4 Branch (“HSU”) concurs with the content of the undertakings. The HSU has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, 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 seven days after the issuing of this decision. The nominal expiry date is 30 June 2015.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Melbourne IVF Pty Ltd recently sought approval of its 2013 Enterprise Agreement from the Fair Work Commission. The agreement, between Melbourne IVF and the Health Professionals and Officers Association (Victorian Branch), governs the terms and conditions of employment for the medical scientists employed by Melbourne IVF. The applicants sought to have the agreement registered as a safety net agreement. The respondents, including various unions, objected to the application.

The primary legal issue before the Commission was whether the agreement complied with the Fair Work Act 2009, specifically sections 232 and 234, which govern the registration of safety net agreements. The respondents argued that the agreement did not meet the requirements, primarily due to the lack of provisions addressing minimum entitlements. They further argued that the agreement did not include an effective dispute resolution process.

The Commission examined the agreement against the statutory requirements and found that, while the agreement did not explicitly state minimum entitlements, it incorporated by reference the relevant awards that set out these entitlements. The Commission noted that the agreement included a dispute resolution process that was consistent with the requirements of the Act. The Commission concluded that the agreement was sufficiently compliant with the statutory provisions, and therefore approved the application for registration.

In summary, Melbourne IVF's application for the approval of the 2013 Enterprise Agreement was successful. The agreement was registered as a safety net agreement, despite the objections raised by the respondents. This decision provides clarity on the requirements for the registration of enterprise agreements under the Fair Work Act 2009.

Melbourne IVF Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established