DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Fresenius Medical Care Australia Pty Ltd
(AG2015/3892)

FRESENIUS MEDICAL CARE NSW NURSING STAFF ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 17 JULY 2015

Application for approval of the Fresenius Medical Care NSW Nursing Staff Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Fresenius Medical Care NSW Nursing Staff Enterprise Agreement 2015 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fresenius Medical Care Australia Pty Ltd. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The New South Wales Nurses and Midwives’ Association and New South Wales Branch of the Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date is 31 May 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Fresenius Medical Care Australia Pty Ltd, sought approval for the Fresenius Medical Care NSW Nursing Staff Enterprise Agreement 2015. The Fair Work Commission (FWC) was required to determine whether the agreement met the necessary criteria for registration under the Fair Work Act 2009. The dispute involved the terms of the agreement, particularly regarding the classification of certain nursing roles and the associated remuneration.

The primary legal issue before the FWC was whether the agreement appropriately classified nursing roles and if the remuneration provided was fair and reasonable. Additionally, the FWC had to assess whether the agreement complied with the statutory requirements for enterprise agreements, including provisions for genuine bargaining and the inclusion of minimum workplace entitlements.

The FWC concluded that the agreement did not sufficiently classify certain nursing roles and that the remuneration was not adequately justified. The Commission found that the agreement did not meet the standards for genuine bargaining as it failed to adequately address the classification of roles and remuneration. As a result, the FWC did not approve the enterprise agreement. The FWC’s decision emphasised the importance of clear and fair classification of roles and appropriate remuneration in enterprise agreements.

The FWC did not approve the Fresenius Medical Care NSW Nursing Staff Enterprise Agreement 2015 due to deficiencies in the classification of nursing roles and the associated remuneration. The decision highlighted the need for future agreements to better address these critical aspects to meet the statutory requirements for registration.

Fresenius Medical Care 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