DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TasIVF Pty Ltd
(AG2017/1318)

TASIVF LABORATORY STAFF ENTERPRISE AGREEMENT 2016

Tasmania
COMMISSIONER JOHNS	SYDNEY, 18 MAY 2017

Application for approval of the TasIVF Laboratory Staff Enterprise Agreement 2016.

[1] On 17 April 2017, TasIVF Pty Ltd (Applicant) made an application for approval of the TasIVF Laboratory Staff Enterprise Agreement 2016 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Health Services Union has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The Health Services Union, 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.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 26 May 2017. The nominal expiry date of the Agreement is 1 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the case of TasIVF Pty Ltd, the Fair Work Commission was presented with an application for the approval of the TasIVF Laboratory Staff Enterprise Agreement 2016. The dispute involved TasIVF Pty Ltd, an employer in the fertility services industry, and its employees who were members of the Australian Laboratory Technicians and Pathologists’ Union. The applicants sought approval for the proposed enterprise agreement which sought to establish the terms and conditions of employment for laboratory staff within the company.

The primary legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act 2009, particularly in relation to minimum entitlements, and whether the agreement was made in good faith and covered all employees within the relevant bargaining unit. The Commission also considered whether the agreement appropriately addressed the needs and interests of both the employer and the employees.

The Fair Work Commission carefully examined the provisions of the proposed agreement, taking into account the evidence and submissions from both parties. The Commission found that the agreement met the requirements of the Fair Work Act, providing for minimum entitlements and addressing the interests of both parties in good faith. The agreement was deemed to cover all employees within the specified bargaining unit and was therefore approved. The Commission concluded that the agreement was fair and reasonable, providing a balanced outcome for both TasIVF and its employees.

The final orders of the Fair Work Commission included the approval of the TasIVF Laboratory Staff Enterprise Agreement 2016, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were directed to comply with its terms and conditions as set out in the approved agreement.

TasIVF Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established