Queensland Fertility Group

[2014] FWCA 7537

The attached document replaces the document previously issued with the above code on 23 October 2014, to amend a typographical error in paragraphs 4 and 7.

Carreen Dew

Associate to Commissioner Cambridge

Dated 24 October 2014

[2014] FWCA 7537

FAIR WORK COMMISSION

DECISION

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

Queensland Fertility Group
(AG2014/9115)

QUEENSLAND FERTILITY GROUP PTY LTD SCIENTISTS' ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER CAMBRIDGE	SYDNEY, 23 OCTOBER 2014

Application for approval of the Queensland Fertility Group Pty Ltd Scientists' Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Fertility Group Pty Ltd Scientists’ Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Queensland Fertility Group (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Brisbane on 23 September 2014. The application included a Statutory Declaration of Steve Zappia made on behalf of the Employer and dated 18 September 2014, (the Declaration). The Declaration stated that the Agreement was made on 9 September 2014. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 23 October 2014. I note that the file has included a Statutory Declaration of Michelle Rae made on behalf of the Association of Professional Engineers, Scientists and Managers Australia, Queensland Branch (the APESMA), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 37 and a consultation term at clause 10.

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

[7] The APESMA, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the APESMA.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 30 October 2014. The nominal expiry date of the Agreement as specified in clause 4 of the Agreement, is 28 February 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Queensland Fertility Group Pty Ltd for approval of the Queensland Fertility Group Scientists' Enterprise Agreement 2014. The agreement was proposed to cover a range of employees within the company who are classified as scientists. The primary issue before the Commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in relation to its procedural fairness and the extent to which it met the minimum entitlements for employees.

The key legal issues addressed by the Commission involved assessing whether the agreement was made in good faith, whether the requisite procedural steps were followed, and if the terms and conditions provided in the agreement were fair and reasonable. The Commission needed to consider the fairness of the agreement's provisions concerning wages, hours of work, and other employment conditions, as well as the extent to which the agreement provided for a safety net of minimum entitlements that complied with the Fair Work Act. Additionally, the Commission examined whether the agreement was free from any unfair discrimination against certain classes of employees.

The Fair Work Commission found that the proposed agreement generally complied with the requirements of the Fair Work Act, noting that it was made in good faith and that the necessary procedural steps were followed. The Commission observed that the agreement provided for fair and reasonable terms and conditions of employment and that it adequately protected minimum entitlements. While there were some concerns regarding the clarity and specificity of certain provisions, these were not considered to be significant enough to invalidate the agreement. Consequently, the Commission approved the Queensland Fertility Group Scientists' Enterprise Agreement 2014, subject to certain minor amendments to enhance clarity and compliance with the Act.

In light of the approval, the Commission made specific orders to ensure that the agreement would be implemented effectively. These included the requirement for the employer to notify all affected employees of the approved agreement and to provide them with a copy. The Commission also mandated that the employer ensure the terms of the agreement were adhered to, and that any disputes arising under the agreement would be dealt with according to the specified procedures. The approval was effective from the date of the Commission's decision, and the agreement was to be registered with the Fair Work Ombudsman.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established