Queensland Fertility Group Pty Ltd T/A Queensland Fertility Group (QFG)

[2021] FWCA 6910

[2021] FWCA 6910

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Queensland Fertility Group Pty Ltd T/A Queensland Fertility Group (QFG)

(AG2021/8292)

Queensland Fertility Group and QNMU/ANMF Nursing Enterprise Agreement 2021

Health and welfare services
COMMISSIONER HUNT	BRISBANE, 30 NOVEMBER 2021

Application for approval of the Queensland Fertility Group and QNMU/ANMF Nursing Enterprise Agreement 2021.

1. Queensland Fertility Group Pty Ltd T/A Queensland Fertility Group (QFG) has applied for approval of an enterprise agreement known as the Queensland Fertility Group and QNMU/ANMF Nursing Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).  The Agreement is a single-enterprise agreement.

1. The agreement covers a group of four entities, collectively trading as Queensland Fertility Group:  

·  Queensland Fertility Group Pty Ltd (ABN: 11010514397);

·  Spring Hill Specialist Day Hospital Pty Ltd (ABN: 29202917445);

·  Mackay Specialist Day Hospital Pty Ltd (ABN: 13120806895); and

·  IVF Sunshine Coast Pty Ltd (ABN: 49114868521).

1. QFG submits that the four entities are single-interest employers under s.172(5) of the Act by virtue of being related bodies corporate, as defined by section 50 of the Corporations Act 2001. QFG provided company search documents which support this submission.  In particular, the company search documents show that the four entities have common officeholders, and that shares in each entity are held exclusively by other entities; with the exception of Queensland Fertility Group Pty Ltd, the shares of which are held by a holding company not listed here. I am satisfied that the four entities are single-interest employers within the meaning of s.172(5)(b) of the Act.

1. The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with QFG, and as a result, written undertakings have been provided for the four companies.  A copy of the undertakings is attached at Annexure A.  Pursuant to s.190(4) of the Act, I sought the views of the Australian Nursing and Midwifery Federation (ANMF), operating in Queensland as the Queensland Nurses and Midwives’ Union, regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The Nurses' Professional Association of Queensland (NPAQ) had also acted as a bargaining representative for the Agreement, accordingly, I invited NPAQ to provide any views it had. Neither the ANMF nor the NPAQ provided any views as to the undertakings.

1. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.  Pursuant to s.190 of the Act, I accept the undertakings.  In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

1. I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The ANMF 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) of the Act I note that the Agreement covers the ANMF.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 December 2021.  The nominal expiry date of the Agreement is 2 July 2024.

COMMISSIONER

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ANNEXURE A