Fresenius Medical Care Australia Pty Ltd

Case

[2018] FWCA 7703

19 DECEMBER 2018


[2018] FWCA 7703

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Fresenius Medical Care Australia Pty Ltd

(AG2018/5137)

Fresenius Medical Care Smithfield Warehouse (Products Division) Enterprise Agreement 2018-2020

Storage services

Commissioner Harper-Greenwell

MELBOURNE, 19 DECEMBER 2018

Application for approval of the Fresenius Medical Care Smithfield Warehouse (Products Division) Enterprise Agreement 2018-2020.

  1. An application has been made for approval of an enterprise agreement known as the Fresenius Medical Care Smithfield Warehouse (Products Division) Enterprise Agreement 2018-2020 (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.

  1. I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

  1. The Australian Workers’ Union 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 organisation.

  1. The Agreement was approved on 19 December 2018 and, in accordance with s.54, will operate from 26 December 2018. The nominal expiry date of the Agreement is 31 December 2020.

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