Melbourne IVF Pty Ltd T/A Melbourne IVF

[2019] FWCA 547

[2019] FWCA 547

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne IVF Pty Ltd T/A Melbourne IVF
(AG2018/4944)

MELBOURNE IVF NURSES ENTERPRISE AGREEMENT 2018

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 1 FEBRUARY 2019

Application for approval of the Melbourne IVF Nurses Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne IVF Nurses Enterprise Agreement 2018 (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 T/A Melbourne IVF. The Agreement is a single enterprise agreement.

[2] 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.

[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] I note that clause 26(a)(iii)(1) is inconsistent with the National Employment Standards as it expresses the entitlement to personal/career’s leave in hours as opposed to days. Given the National Employment Standards precedence clause at clause 7 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Australian Nursing and Midwifery Federation 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2019. The nominal expiry date of the Agreement is 31 January 2023.

COMMISSIONER

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Annexure A