DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne IVF Pty Ltd T/A Melbourne IVF
(AG2021/5524)

MELBOURNE IVF COUNSELLORS ENTERPRISE AGREEMENT 2021

Health and welfare services
COMMISSIONER WILSON	MELBOURNE, 30 JUNE 2021

Application for approval of the Melbourne IVF Counsellors Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne IVF Counsellors Enterprise Agreement 2021 (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. The undertakings are taken to be a term of 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 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 7 July 2021. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Melbourne IVF Pty Ltd, trading as Melbourne IVF, sought approval of the Melbourne IVF Counsellors Enterprise Agreement 2021. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the necessary standards under the Fair Work Act 2009. The dispute arose from negotiations between Melbourne IVF and the Health Services Union of Australia, representing the counsellors. The primary legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions of employment and whether it complied with the requirements of the Fair Work Act.

The Fair Work Commission examined the terms of the agreement, including the proposed pay rates, leave entitlements, and other conditions of employment. The Commission considered the evidence presented by both parties and assessed whether the agreement was fair and reasonable in light of the relevant economic and employment circumstances. The Commission also considered the extent to which the agreement complied with the minimum standards set out in the Fair Work Act and the National Employment Standards. After careful consideration, the Commission found that the agreement met the necessary requirements and approved it as a registered enterprise agreement.

The Commission's decision was based on a comprehensive analysis of the evidence and a determination that the agreement provided for fair and reasonable terms and conditions of employment. The Commission found that the proposed pay rates and other conditions were in line with industry standards and took into account the economic and employment circumstances. The Commission also determined that the agreement complied with the relevant provisions of the Fair Work Act and the National Employment Standards. The approval of the agreement ensures that the counsellors employed by Melbourne IVF have a fair and reasonable enterprise agreement in place. The decision provides certainty and stability for both the employees and the employer, and it sets out the terms and conditions of employment for the period of the agreement.

Melbourne IVF Pty Ltd T/A Melbourne IVF

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established