DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Monash IVF Group T/A Monash IVF
(AG2019/22)

MONASH IVF NURSES ENTERPRISE AGREEMENT 2018

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 29 JANUARY 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Monash 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 Monash IVF Group T/A Monash IVF. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2019. The nominal expiry date of the Agreement is 30 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Monash IVF Group, trading as Monash IVF, and the Australian Nursing and Midwifery Federation. The dispute centred around the application for approval of the Monash IVF Nurses Enterprise Agreement 2018. The Federation sought to have the agreement approved, arguing it adequately represented the nurses' interests, while Monash IVF contested several provisions, asserting they were not in line with the enterprise's operational needs and broader economic considerations.

The central legal issues before the Commission were whether the provisions in the Agreement conformed to the requirements of the Fair Work Act 2009, specifically if they adhered to the "better off overall test" and did not unfairly disadvantage the enterprise. The contested provisions included aspects of wage increases, shift penalties, and provisions for flexible working arrangements. Monash IVF argued that these provisions could negatively impact their ability to manage costs and deliver services effectively, thereby potentially disadvantaging the enterprise.

The Commission deliberated on the fairness and economic viability of the proposed terms, considering both the parties' submissions and broader industry standards. The Commission found that while some provisions did not meet the better off overall test, others were acceptable and necessary to meet the nurses' fair work entitlements. Ultimately, the Commission approved the agreement with certain modifications to align with the legislative requirements, ensuring that the interests of both the employees and the enterprise were balanced. The final orders included the approval of the Agreement with specific amendments to certain clauses, ensuring compliance with the Act.

Monash IVF Group T/A Monash IVF

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established