DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Queensland Fertility Group Pty Limited T/A Queensland Fertility Group
(AG2018/5334)

QUEENSLAND FERTILITY GROUP AND QNMU/ANMF NURSING ENTERPRISE AGREEMENT 2018

Health and welfare services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 29 MARCH 2019

Application for approval of the Queensland Fertility Group and QNMU/ANMF Nursing Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Fertility Group and QNMU/ANMF Nursing 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 Queensland Fertility Group Pty Limited T/A Queensland Fertility Group. 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 April 2019. The nominal expiry date of the Agreement is 30 June 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Queensland Fertility Group Pty Limited, trading as the Queensland Fertility Group, made an application for the approval of the Queensland Fertility Group and QNMU/ANMF Nursing Enterprise Agreement 2018. The application was brought by the Queensland Fertility Group, seeking approval for the enterprise agreement they had negotiated with the Queensland Nurses and Midwives' Union and the Australian Nurses and Midwives' Federation. The matter was heard and determined by the Commission.

The central legal issues the Commission was required to decide related to whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to consider whether the agreement contained permissible terms and conditions, and whether it had been negotiated in good faith, free from any improper influence or coercion. The Commission also had to ensure that the agreement met the criteria for being a "single, clear and complete" document that comprehensively covered all the terms and conditions of employment.

In delivering its decision, the Commission examined the negotiation process and the contents of the agreement. The Commission found that the agreement was the product of genuine negotiations between the parties and contained terms and conditions that were fair and reasonable. The Commission also determined that the agreement complied with all statutory requirements and was a single, clear, and complete document. As a result, the Commission approved the enterprise agreement, finding it to be in accordance with the Fair Work Act 2009.

The Fair Work Commission approved the Queensland Fertility Group and QNMU/ANMF Nursing Enterprise Agreement 2018, determining that it met all statutory requirements and was the product of genuine negotiations. The Commission found the agreement to be fair, reasonable, and comprehensive, covering all necessary terms and conditions of employment. As such, the agreement was approved and is now in effect.

Queensland Fertility Group Pty Limited T/A Queensland Fertility Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established