Application by IVF Australia Pty Ltd Trading AS IVF Australia
Citation: [2026] FWCA 1921
At a glance
- Awards cited
- MA000236
What happened
IVF Australia Pty Ltd, trading as IVF Australia, sought approval for the IVF Australia Nursing Enterprise Agreement 2026. The Australian Nursing and Midwifery Federation indicated they wished to be covered by the agreement. The company provided written undertakings which were deemed acceptable.
What was decided
The Fair Work Commission approved the IVF Australia Nursing Enterprise Agreement 2026, effective from July 29, 2026, expiring November 1, 2027. Certain clauses were adjusted to ensure they weren't less favourable than provisions in the Nurses Award 2020. The agreement will be governed by National Employment Standards precedence clause.
What it means for employers
Employers creating enterprise agreements must ensure terms are not worse than relevant awards, particularly regarding delegates’ rights. Written undertakings can help secure approval but must address potential employee detriment.
What it means for employees
Employees should review new enterprise agreements to understand how they affect their conditions and compare them with existing award entitlements. The Australian Nursing and Midwifery Federation will be covered by the agreement.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →