Queensland Fertility Group Pty Ltd Summary

[2025] FWCA 220

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Queensland Fertility Group Pty Ltd

(AG2024/5232)

QUEENSLAND FERTILITY GROUP SCIENTISTS’ ENTERPRISE AGREEMENT 2024

Health and welfare services
COMMISSIONER HUNT	BRISBANE, 21 JANUARY 2025

Application for approval of the Queensland Fertility Group Scientists’ Enterprise Agreement 2024

Queensland Fertility Group Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Queensland Fertility Group Scientists’ Enterprise Agreement 2024 (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.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 30 April 2024 and the Agreement was made on 11 December 2024. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

I have taken into consideration the material filed in the Commission. 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.

The Association of Professional Engineers, Scientists and Managers, Australia (APESMA), being a bargaining representative for the Agreement, has given notice under s.183 that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers APESMA.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2025. The nominal expiry date of the Agreement is 31 March 2027.

COMMISSIONER

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CaseChat Overview and Summary

The application for the approval of the Queensland Fertility Group Scientists’ Enterprise Agreement 2024 was heard in the Fair Work Commission. The application was brought by the Queensland Fertility Group Pty Ltd, and the agreement sought to be approved was between the company and the scientists employed by the company. The scientists were represented by the Health Services Union of Australia. The dispute centred on whether the proposed enterprise agreement provided adequate terms and conditions for the scientists, including matters such as wages, working hours, leave entitlements, and other employment-related issues.

The legal issues before the Commission involved determining whether the proposed agreement met the requirements set out in the Fair Work Act 2009, particularly in terms of ensuring that the agreement provided for the employees’ fair share of the benefits of productivity improvements. The Commission also needed to assess whether the agreement provided a safety net for the employees and whether it allowed for genuine bargaining between the parties. Furthermore, the Commission had to consider whether the agreement complied with the relevant national employment standards and whether it adhered to the provisions for independent dispute resolution.

The Fair Work Commission found that the proposed enterprise agreement met the requirements of the Fair Work Act 2009. The agreement was deemed to provide for the employees' fair share of the benefits of productivity improvements and contained provisions that ensured a safety net for the employees. The Commission also found that the agreement allowed for genuine bargaining between the parties, as it was negotiated in good faith. Additionally, the agreement was in compliance with the relevant national employment standards and included provisions for independent dispute resolution. Therefore, the Commission approved the Queensland Fertility Group Scientists’ Enterprise Agreement 2024.

Queensland Fertility Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established