Fresenius Medical Care Australia Pty Ltd Summary

[2014] FWCA 6680

FAIR WORK COMMISSION

DECISION

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

Fresenius Medical Care Australia Pty Ltd
(AG2014/8927)

FRESENIUS MEDICAL CARE SA NURSING STAFF ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 23 SEPTEMBER 2014

Application for approval of the Fresenius Medical Care SA Nursing Staff Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Fresenius Medical Care SA Nursing Staff Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Fresenius Medical Care Australia Pty Ltd. The Agreement is a single-enterprise agreement.

[2] 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] The Australian Nursing and Midwifery Federation – South Australian Branch, 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 September 2014. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fresenius Medical Care Australia Pty Ltd was the subject of an application for approval of the Fresenius Medical Care SA Nursing Staff Enterprise Agreement 2014 before the Fair Work Commission. The dispute centred on the validity of the agreement, which was proposed to cover nurses employed by the company. The applicants were Fresenius Medical Care Australia Pty Ltd and the Australian Nursing and Midwifery Federation, while the respondents included the Registered Nurses' Union of South Australia and other unions representing the nursing staff. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal criteria for approval.

The primary legal issues addressed by the Commission involved the process by which the agreement was formed and its compliance with relevant sections of the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement was genuinely negotiated between the parties, if it was free from any improper influences, and whether it contained provisions that were in the best interests of the nursing staff. Additionally, the Commission needed to verify that the agreement complied with the Fair Work (Registered Organisations) Act 2009 and the Fair Work (State Referral) Act 2009.

In its decision, the Fair Work Commission found that the application met the statutory requirements for approval. The Commission determined that the agreement had been genuinely negotiated between the parties and was not influenced by any improper conduct. Furthermore, the Commission concluded that the agreement contained provisions that were in the best interests of the nursing staff, including appropriate terms and conditions of employment. Consequently, the Commission approved the application for the agreement, finding it compliant with the relevant legislation.

The final orders included the approval of the Fresenius Medical Care SA Nursing Staff Enterprise Agreement 2014, effective from the date of the decision. The Commission also mandated that the agreement be registered with the Fair Work Commission and that it be provided to all relevant parties. This decision provided clarity and legal certainty regarding the terms of employment for the nursing staff covered by the agreement.

Fresenius Medical Care 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