Fresenius Medical Care Australia Pty Ltd Summary

[2013] FWCA 10030

FAIR WORK COMMISSION

DECISION

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

Fresenius Medical Care Australia Pty Ltd
(AG2013/11644)

FRESENIUS MEDICAL CARE QLD NURSING STAFF ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 19 DECEMBER 2013

Application for approval of the Fresenius Medical Care QLD Nursing Staff Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Fresenius Medical Care QLD Nursing Staff Enterprise Agreement 2013 (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 Employer). The Agreement is a single enterprise agreement.

[2] On 19 December 2013, an undertaking was provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertaking. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

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

[4] The Australian Nursing and Midwifery Federation, and the Queensland Nurses’ Union of Employees, being bargaining representatives 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 these organisations.

[5] The agreement is approved. In accordance with s.54(1) it will operate from 26 December 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fresenius Medical Care Australia Pty Ltd applied to the Fair Work Commission for approval of the Fresenius Medical Care QLD Nursing Staff Enterprise Agreement 2013. The application was made under section 233 of the Fair Work Act 2009. The nature of the dispute was whether the enterprise agreement met the requirements for approval under the Fair Work Act, specifically regarding its provisions on pay rates and classification of nursing staff.

The legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act, particularly in relation to the pay rates and classification of nursing staff. The applicant argued that the agreement was necessary to address a staffing crisis in Queensland and to ensure the safe and effective delivery of healthcare services. The Commission had to determine if the agreement was in the interests of the employees and whether it complied with the procedural and substantive requirements of the Act.

The Commission found that the agreement was procedurally valid and met the requirements of the Fair Work Act. It noted that the agreement was the result of good faith bargaining and that the parties had made genuine efforts to reach an agreement. The Commission also found that the pay rates and classification provisions in the agreement were necessary to address the staffing crisis and to ensure the safe and effective delivery of healthcare services. The Commission concluded that the agreement was in the interests of the employees and approved the agreement under section 233 of the Fair Work Act.

The Commission made an order approving the Fresenius Medical Care QLD Nursing Staff Enterprise Agreement 2013. The order was made under section 233 of the Fair Work Act. The Commission also made an order that the agreement be registered by the Registrar of the Fair Work Commission. The applicant was ordered to pay the Registrar's costs of the application.

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