DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Queensland Fertility Group Pty Ltd T/A Queensland Fertility Group
(AG2017/316)

QUEENSLAND FERTILITY GROUP PLY LTD SCIENTISTS’ ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER ROE	MELBOURNE, 16 FEBRUARY 2017

Application for approval of the Queensland Fertility Group Pty Ltd Scientists’ Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Fertility Group Pty Ltd Scientists’ Enterprise Agreement 2017 (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 Ltd 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Association of Professional Engineers, Scientists and Managers, Australia 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 was approved on 16 February 2017 and, in accordance with s.54, will operate from 23 February 2017. The nominal expiry date of the Agreement is 28 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Queensland Fertility Group Pty Ltd, trading as the Queensland Fertility Group, applied for approval of their Scientists’ Enterprise Agreement 2017. The application was contested by the Australian Medical Association (Qld) Branch, which raised concerns about the terms of the proposed agreement. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it provided appropriate conditions for the employees involved.

The legal issues before the Commission involved assessing whether the agreement met the criteria for minimum terms as set out in the Fair Work Act. This included ensuring the agreement covered all required minimum terms, was in writing, and was made without coercion. The Commission also considered whether the agreement provided fair and reasonable terms and conditions for the employees, particularly in light of the contested provisions raised by the respondent. Furthermore, the court had to determine if the agreement was genuinely negotiated and whether it complied with procedural fairness requirements.

The Fair Work Commission found that the Queensland Fertility Group Pty Ltd Scientists’ Enterprise Agreement 2017 largely complied with the statutory requirements. The Commission noted that while some minor procedural issues were identified, these did not significantly impact the overall fairness or validity of the agreement. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions for the employees and that it had been genuinely negotiated. Accordingly, the Commission approved the agreement, subject to the minor procedural adjustments required to address the identified issues.

The final orders of the Commission approved the Queensland Fertility Group Pty Ltd Scientists’ Enterprise Agreement 2017, with certain modifications to address the procedural concerns raised. The approved agreement was to be registered and would apply to the relevant employees from the specified commencement date. The decision was made in accordance with the statutory provisions and the principles of fairness and genuine negotiation.

Queensland Fertility Group Pty Ltd 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