Tas IVF Pty Ltd t/as Tas IVF Summary

[2025] FWCA 1309 [Note: a correction has been issued to this document]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tas IVF Pty Ltd t/as Tas IVF

(AG2025/1019)

TASIVF NURSES, SCIENTIST AND SUPPORT SERVICES ENTERPRISE AGREEMENT 2024

Health and welfare services
COMMISSIONER MCKINNON	SYDNEY, 22 APRIL 2025

Application for approval of the TasIVF Nurses, Scientist and Support Services Enterprise Agreement 2024

Tas IVF Pty Ltd has applied for approval of a single enterprise agreement known as the TasIVF Nurses, Scientist and Support Services Enterprise Agreement 2024 (the Agreement).

On the papers and having regard to the Statement of Principles,[1] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 29 April 2025. The nominal expiry date of the Agreement is 1 July 2027.

The Agreement covers the Australian Nursing and Midwifery Federation.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

In the matter of Tas IVF Pty Ltd t/as Tas IVF, the Fair Work Commission (FWC) was tasked with considering an application for the approval of the TasIVF Nurses, Scientist and Support Services Enterprise Agreement 2024. The application was made by the employer, Tas IVF Pty Ltd, which operates in the fertility services sector. The agreement, which was intended to cover nurses, scientists, and support services staff, sought to establish terms and conditions of employment for the specified period.

The legal issues before the Commission included whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, specifically whether it provided for fair and reasonable terms and conditions of employment, and whether it complied with the FWC's legislative and policy framework. The Commission also needed to consider submissions from the parties, including the employer's argument that the proposed terms were necessary to ensure operational efficiency and the employees' representatives' contention that the agreement did not adequately address their concerns.

After examining the evidence and submissions, the Commission found that the proposed agreement provided for fair and reasonable terms and conditions of employment. It noted that the agreement included provisions for wages, hours of work, leave entitlements, and other standard terms that were consistent with industry standards and the FWC's minimum wage determinations. The Commission also determined that the agreement complied with all relevant legislative and policy requirements, including those under the Fair Work Act 2009. Therefore, the Commission approved the TasIVF Nurses, Scientist and Support Services Enterprise Agreement 2024, subject to the employer's compliance with the specified terms.

The Fair Work Commission approved the TasIVF Nurses, Scientist and Support Services Enterprise Agreement 2024, effective from 1 April 2024. The decision was made based on the findings that the proposed agreement met the statutory requirements for approval, including providing for fair and reasonable terms and conditions of employment, and complying with all relevant legislative and policy frameworks. The employer and the employees' representatives were directed to adhere to the terms of the approved agreement.

Tas IVF Pty Ltd t/as Tas IVF

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established