Fresenius Medical Care Australia Pty Ltd

[2022] FWCA 3839

[2022] FWCA 3839

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fresenius Medical Care Australia Pty Ltd

(AG2022/4305)

Fresenius Medical Care Queensland Nursing Staff Enterprise Agreement 2022

Health and welfare services
COMMISSIONER SPENCER	BRISBANE, 1 NOVEMBER 2022

Application for approval of the Fresenius Medical Care Queensland Nursing Staff Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the Fresenius Medical Care Queensland Nursing Staff Enterprise Agreement 2022 (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 Applicant). The Agreement is a single enterprise agreement.

1. Subject to matters that have been addressed by way of an undertaking, 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.

1. As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

1. The Australian Nursing and Midwifery Federation (ANMF), 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 ANMF.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 November 2022. The nominal expiry date of the Agreement is 1 November 2025.

COMMISSIONER

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