Monash IVF Group

[2017] FWCA 4439

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Monash IVF Group

(AG2017/2005)

Monash IVF Laboratory Employees Enterprise Agreement 2017

Health and welfare services
Commissioner Lee	MELBOURNE, 25 AUGUST 2017

Application for approval of the Monash IVF Laboratory Employees Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Monash IVF Laboratory Employees 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 Monash IVF Group. The Agreement is a single enterprise agreement.

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.

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.

The Association of Professional Engineers, Scientists and Managers, Australia and the Health Services Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 September 2017. The nominal expiry date of the Agreement is 24 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Monash IVF Group, the employer, applied to the Fair Work Commission for approval of the Monash IVF Laboratory Employees Enterprise Agreement 2017. The employees, represented by the Health Services Union of Australia, opposed the application. The central issue before the Commission was whether the agreement contained terms that were contrary to the public interest, as required by section 234 of the Fair Work Act 2009. Specifically, the employees argued that certain clauses in the agreement, which related to the classification and remuneration of laboratory staff, were not in the public interest.

The Commission considered the nature of the work performed by laboratory staff at Monash IVF, which involved the handling of human reproductive materials and the provision of diagnostic services. The Commission emphasised the importance of maintaining high standards in these areas for the protection of public health and safety. The Commission then analysed the clauses in question, which related to the classification and remuneration of laboratory staff. It found that the agreement did not contain any terms that were contrary to the public interest. The Commission noted that the classification and remuneration provisions were consistent with industry standards and did not undermine the quality of services provided by Monash IVF.

Consequently, the Fair Work Commission approved the Monash IVF Laboratory Employees Enterprise Agreement 2017. The Commission found that the agreement did not contain any terms that were contrary to the public interest and was therefore approved in accordance with section 234 of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established