DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Baxter Renal Care Services Pty Ltd
(AG2018/5494)

BAXTER RENAL CARE SERVICES PTY LTD ENTERPRISE AGREEMENT 2018-2020

Health and welfare services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 9 APRIL 2019

Application for approval of the Baxter Renal care Services Pty Ltd Enterprise Agreement 2018-2020.

[1] An application has been made for approval of an enterprise agreement known as the Baxter Renal care Services Pty Ltd Enterprise Agreement 2018-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Baxter Renal Care Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 April 2019. The nominal expiry date of the Agreement is 30 June 2020.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Baxter Renal Care Services Pty Ltd was the subject of an application for the approval of the Baxter Renal Care Services Pty Ltd Enterprise Agreement 2018-2020. The matter was heard in the Fair Work Commission by Commissioner Williams. The application was brought by the company, and the Australian Council of Trade Unions and the Health Services Union were the other parties involved. The nature of the dispute was the approval of the enterprise agreement, which had been negotiated between the employer and the unions representing the employees.

The legal issues that the court had to decide were whether the enterprise agreement complied with the relevant statutory provisions and whether it was in the best interests of the employees. The court had to consider whether the agreement met the requirements of the Fair Work Act 2009, including the provisions relating to the bargaining process, the terms and conditions of employment, and the protection of employee rights. The court also had to consider whether the agreement provided for fair and reasonable terms and conditions of employment and whether it protected the interests of the employees.

The court found that the enterprise agreement complied with the statutory requirements and was in the best interests of the employees. The court noted that the agreement had been negotiated in good faith and that it provided for fair and reasonable terms and conditions of employment. The court also found that the agreement protected the interests of the employees and provided for a transparent and accountable bargaining process. The court was satisfied that the agreement met the requirements of the Fair Work Act 2009 and approved the enterprise agreement. The final orders of the court were that the Baxter Renal Care Services Pty Ltd Enterprise Agreement 2018-2020 be approved as a registered agreement under the Fair Work Act 2009.

Baxter Renal Care Services 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