TasIVF Pty Ltd T/A TasIVF

[2017] FWCA 3395

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

TasIVF Pty Ltd T/A TasIVF

(AG2017/2221)

TasIVF Nurses Enterprise Agreement 2017

Tasmania
Commissioner Johns	MELBOURNE, 23 JUNE 2017

Application for approval of the TasIVF Nurses Enterprise Agreement 2017.

On 13 June 2017, TasIVF Pty Ltd T/A TasIVF (Applicant) made an application for approval of the TasIVF Nurses Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

The Agreement was lodged within 14 days after it was made.

The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

The Australian Nursing and Midwifery Federation, 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), the Commission notes that the Agreement covers this organisation.

The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 30 June 2017. The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

TasIVF Pty Ltd, trading as TasIVF, sought approval of the TasIVF Nurses Enterprise Agreement 2017. The application was heard in the Fair Work Commission, where the company contended that the agreement, which governs the employment terms of its nurses, was necessary to facilitate the smooth operation of its business. The dispute centred around whether the agreement complied with the Fair Work Act 2009, specifically in terms of the procedural fairness afforded to the employees and the overall fairness of the agreement's provisions.

The court had to determine whether the agreement was made in accordance with the procedural requirements of the Fair Work Act and whether the terms and conditions of the agreement were fair and reasonable. This involved assessing whether TasIVF had adequately consulted with the nurses and whether the agreement's provisions were fair in light of the principles of contemporary enterprise bargaining and the broader industrial relations system.

The Commission found that TasIVF had taken reasonable steps to consult with the nurses and that the agreement met the procedural requirements set out in the Fair Work Act. The Commission also determined that the agreement was fair and reasonable, taking into account the specific circumstances of the parties and the broader industrial relations context. The Commission noted that the agreement provided for reasonable terms and conditions, including provisions for wages, hours of work, and other employment conditions that were consistent with industry standards and practices. The Commission concluded that the agreement was in the best interests of the nurses and that it would facilitate the smooth operation of TasIVF's business.

The Commission approved the TasIVF Nurses Enterprise Agreement 2017, subject to certain modifications to ensure compliance with the Fair Work Act. The modifications included clarifying certain provisions to ensure they were consistent with the principles of contemporary enterprise bargaining and to address any potential ambiguities. The Commission's decision was based on a detailed analysis of the evidence presented by both parties and a careful consideration of the relevant legal principles and industrial relations context. The decision provides important guidance for employers and employees in the healthcare industry and highlights the importance of fair and reasonable enterprise agreements in promoting harmonious workplace relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established