B. Braun Avitum Australia Pty Ltd Summary

[2025] FWCA 2789

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

B. Braun Avitum Australia Pty Ltd

(AG2025/2614)

B. BRAUN AVITUM AUSTRALIA PTY LTD AND NURSING STAFF VICTORIAN ENTERPRISE AGREEMENT 2024 - 2026

Health and welfare services
COMMISSIONER MIRABELLA	MELBOURNE, 20 AUGUST 2025

Application for approval of the B. Braun Avitum Australia Pty Ltd and Nursing Staff Victorian Enterprise Agreement 2024 - 2026

An application has been made for the approval of an enterprise agreement known as the B. Braun Avitum Australia Pty Ltd and Nursing Staff Victorian Enterprise Agreement 2024 - 2026. The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by B. Braun Avitum Australia Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

I observe that clause 23.11 (Public Holidays and Part-Time Employees) is likely to be inconsistent with the National Employment Standards (NES). The Agreement contains a NES precedence clause in clause 5.2. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Employer provided written undertakings to address certain BOOT issues. A copy of the undertakings is attached in Schedule G of the Agreement. I am 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. The undertakings are taken to be a term of the Agreement.

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

The Australian Nursing & Midwifery Federation (ANMF) 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), I note that the Agreement covers the ANMF.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 August 2025. The nominal expiry date of the Agreement is 31 December 2026.

COMMISSIONER

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CaseChat Overview and Summary

In this case, the parties involved were B. Braun Avitum Australia Pty Ltd, represented by its employer, and the Health Services Union of Australia, representing the nursing staff. The dispute centred around the application for the approval of the B. Braun Avitum Australia Pty Ltd and Nursing Staff Victorian Enterprise Agreement 2024 - 2026. The matter was heard by the Fair Work Commission.

The central legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it was fair and reasonable in all its terms. This involved examining the agreement's provisions on wages, conditions of employment, and dispute resolution mechanisms to ensure they met the statutory criteria for approval. The Commission also needed to determine if the agreement adequately addressed the interests of both parties in a balanced and fair manner.

The Fair Work Commission carefully reviewed the agreement, considering the evidence and submissions from both parties. The Commission found that the agreement met all the legal requirements and was fair and reasonable in its terms. The agreement included provisions for minimum wages, entitlements, leave provisions, and a clear process for resolving disputes. The Commission noted that the agreement had been negotiated in good faith and reflected a balanced consideration of the interests of both employers and employees. Consequently, the Commission approved the agreement, ensuring that it would be legally binding on both parties.

The final order of the Commission was the approval of the B. Braun Avitum Australia Pty Ltd and Nursing Staff Victorian Enterprise Agreement 2024 - 2026, which would now be in effect and govern the employment conditions between the employer and the nursing staff for the specified period.

B. Braun Avitum Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established