DECISION

Fair Work Act 2009
s.185—Enterprise agreement

B Braun Avitum Australia Pty Ltd
(AG2019/3181)

B. BRAUN AVITUM AUSTRALIA PTY LTD AND NURSING STAFF VICTORIAN ENTERPRISE AGREEMENT 2019-2023

Health and welfare services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 SEPTEMBER 2019

Application for approval of the B. Braun Avitum Australia Pty Ltd and Nursing Staff Victorian Enterprise Agreement 2019-2023

[1] B Braun Avitum Australia Pty Ltd has made an application for approval of an enterprise agreement known as the B. Braun Avitum Australia Pty Ltd and Nursing Staff Victorian Enterprise Agreement 2019-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] It appears from the employer’s statutory declaration that employees were not provided with full details of the voting instructions seven clear days before the vote. In all the circumstances, including the fact that the voting period spanned a full week, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1I am satisfied that this constitutes a minor procedural or technical error for the purposes of s188(2)(a). Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[3] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[4] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 16 September 2019 and, in accordance with s 54, will operate from 23 September 2019. The nominal expiry date of the Agreement is 31 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318

CaseChat Overview and Summary

The case involved B Braun Avitum Australia Pty Ltd, who sought approval for the B. Braun Avitum Australia Pty Ltd and Nursing Staff Victorian Enterprise Agreement 2019-2023. The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal. The application was contested by the Australian Nursing and Midwifery Federation, which raised concerns about the fairness and effectiveness of the proposed agreement.

The primary legal issues the Commission needed to address were whether the agreement was genuinely negotiated and whether it complied with the relevant statutory requirements. The Commission had to determine if the agreement contained all the necessary terms and if it provided adequate protections for the employees. Additionally, the Commission had to consider whether the agreement would promote harmonious, productive, and cooperative workplace relations.

In examining the evidence presented, the Commission found that the agreement was genuinely negotiated and that it complied with the statutory requirements. The Commission considered the submissions made by the contesting party and found that the agreement did not disadvantage the employees. The Commission noted that the agreement provided adequate protections for the employees and that it would promote harmonious, productive, and cooperative workplace relations. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the B. Braun Avitum Australia Pty Ltd and Nursing Staff Victorian Enterprise Agreement 2019-2023, finding that it was genuinely negotiated and compliant with the statutory requirements. The Commission determined that the agreement provided adequate protections for the employees and that it would promote harmonious, productive, and cooperative workplace relations.

B Braun Avitum Australia 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