Fresenius Medical Care Australia Pty Ltd Summary

[2013] FWCA 9674

FAIR WORK COMMISSION

DECISION

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

Fresenius Medical Care Australia Pty Ltd
(AG2013/11658)

FRESENIUS MEDICAL CARE, SMITHFIELD PRODUCTION, GLOBAL MANUFACTURING OPERATIONS, ENTERPRISE AGREEMENT 2013-2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 10 DECEMBER 2013

Application for approval of the Fresenius Medical Care, Smithfield Production, Global Manufacturing Operations, Enterprise Afreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Fresenius Medical Care, Smithfield Production, Global Manufacturing Operations, Enterprise Afreement 2013-2015 (the Agreement). The application was made pursuant to s185 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] The Agreement was lodged within 14 days after it was made.

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

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 17 December 2013. The nominal expiry date of the Agreement is 31 December 2015.

SENIOR DEPUTY PRESIDENT

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, Smithfield Production, Global Manufacturing Operations, Enterprise Agreement 2013-2015. The applicant argued that the agreement was necessary to address issues of productivity, efficiency, and competitiveness. The application was opposed by the Health Services Union of Australia.

The legal issues before the commission included whether the agreement provided for fair and reasonable terms and conditions, whether it complied with the applicable provisions of the Fair Work Act 2009, and whether it met the requirements for a "single formula" agreement. The commission needed to determine whether the agreement provided for a fair and reasonable terms and conditions package and whether it complied with the requirements of the Fair Work Act. The commission also needed to determine whether the agreement met the requirements for a "single formula" agreement.

The commission found that the agreement provided for fair and reasonable terms and conditions, including provisions for wages, leave, and other employment-related matters. The commission also found that the agreement complied with the requirements of the Fair Work Act, including the "single formula" requirement. The commission was satisfied that the agreement was necessary to address issues of productivity, efficiency, and competitiveness and that it provided for a fair and reasonable terms and conditions package. The commission approved the agreement.

The Fair Work Commission approved the Fresenius Medical Care, Smithfield Production, Global Manufacturing Operations, Enterprise Agreement 2013-2015, finding that it provided for fair and reasonable terms and conditions and complied with the requirements of the Fair Work Act. The agreement was approved on the basis that it addressed issues of productivity, efficiency, and competitiveness and provided for a fair and reasonable terms and conditions package. The commission found that the agreement met the requirements for a "single formula" agreement and approved it accordingly.

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