Queensland Fertility Group

[2014] FWCA 7537

[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

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