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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Queensland Fertility Group Pty Ltd, trading as Queensland Fertility Group, applied for approval of the Queensland Fertility Group Scientists’ Enterprise Agreement 2020. The application was contested by the Australian Health Services Union, which represented the employees. The primary dispute centred on the terms and conditions of employment for the scientists working at Queensland Fertility Group. The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act 2009 and whether it provided fair and reasonable terms for the employees. Additionally, the Commission had to consider whether the agreement complied with the Fair Work (Registered Organisations) Act 2009 and the Fair Work Regulations 2009.

The Commission found that the agreement provided for a fair and reasonable level of remuneration and conditions for the employees. It noted that the agreement included provisions for adequate rest periods, penalties for unlawful termination, and provisions for the protection of employees’ health and safety. The Commission also considered the bargaining power of the parties and found that the agreement was made in good faith. The Commission concluded that the agreement met all the necessary requirements and approved the application. The approval of the agreement ensures that the terms and conditions of employment for the scientists at Queensland Fertility Group are fair and reasonable. The decision also provides a precedent for similar agreements in the future.

The Fair Work Commission approved the Queensland Fertility Group Scientists’ Enterprise Agreement 2020. The approval ensures that the terms and conditions of employment for the scientists at Queensland Fertility Group are fair and reasonable. The decision provides a precedent for similar agreements in the future and ensures that the bargaining power of the parties is considered. The approval also ensures that the agreement meets all the necessary requirements of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The Commission's decision provides clarity and certainty for both the employees and the employer.

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