Queensland Fertility Group Pty Ltd T/A Queensland Fertility Group

[2021] FWCA 2441

[2021] FWCA 2441

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Queensland Fertility Group Pty Ltd T/A Queensland Fertility Group
(AG2021/4659)

QUEENSLAND FERTILITY GROUP SCIENTISTS’ ENTERPRISE AGREEMENT 2020

Health and welfare services
COMMISSIONER PLATT	ADELAIDE, 5 MAY 2021

Application for approval of the Queensland Fertility Group Scientists’ Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Fertility Group Scientists’ Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Queensland Fertility Group Pty Ltd T/A Queensland Fertility Group (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 22 April 2021.

[3] On 27 April 2021, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 3 May 2021. The undertaking deals with the following topics:

•  Part time employees and the Employer will determine ‘Agreed Hours’ in which the employee will work. When a part time employee works outside of those ‘Agreed Hours’, they will be paid the applicable overtime rate.

•  Where a shift worker’s (as defined by the Health Professionals and Support Services Award 2020) ordinary hours of work finish between 6.00pm and 8.00am or commence between 6.00pm and 6.00am they will receive a 115% shift penalty. For a casual employee, this shift loading will apply on top of their casual loading.

•  A casual employee who works their ordinary hours on a Saturday or Sunday will be paid their casual loading in addition to the weekend penalty rate under the Agreement.

•  A day worker (as defined by the Health Professionals and Support Services Award 2020) who works outside of the hours of 6.00am to 6.00pm will be paid overtime in accordance with the Agreement.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The Australian, Municipal, Administrative, Clerical and Services Union (ASU) and the Association of Professional Engineers, Scientists and Managers Australia (APESMA), 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) of the Act I note that the Agreement covers these organisations.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 March 2024.

COMMISSIONER

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