DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fresenius Medical Care Australia Pty Ltd
(AG2017/1710)

FRESENIUS MEDICAL CARE ‘NURSING STAFF’ ENTERPRISE AGREEMENT 2016

Health and welfare services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 JULY 2017

Application for approval of the Fresenius Medical Care ‘Nusing Staff’ Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Fresenius Medical Care 'Nusing Staff' Enterprise Agreement 2016 (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.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] The Australian Nursing and Midwifery Federation 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 3 July 2017 and, in accordance with s.54, will operate from 10 July 2017. The nominal expiry date of the Agreement is 31 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fresenius Medical Care Australia Pty Ltd recently had its ‘Nursing Staff’ Enterprise Agreement 2016 put forward for approval by the Fair Work Commission. The applicant, Fresenius Medical Care Australia Pty Ltd, sought the approval of this enterprise agreement, which covers its nursing staff. The dispute centred around the terms and conditions of employment outlined in the agreement, with particular attention to whether the agreement complied with the requirements of the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for the proper bargaining of terms and conditions, if it contained the necessary minimum terms as stipulated by the Fair Work Act, and if the agreement had been genuinely negotiated between the parties. A significant aspect of the proceedings was the examination of whether the agreement adequately covered essential terms such as wages, hours of work, and other conditions of employment, while also ensuring it did not unfairly disadvantage the employees.

In considering these issues, the Commission assessed the negotiation process, the content of the agreement, and its compliance with the statutory requirements. The Commission found that the agreement had been genuinely negotiated and contained all the necessary minimum terms. The applicant demonstrated that the agreement had been appropriately negotiated with the relevant employee representatives and was in compliance with the Fair Work Act. Consequently, the Commission approved the Fresenius Medical Care ‘Nursing Staff’ Enterprise Agreement 2016.

The Fair Work Commission's decision was to approve the enterprise agreement, thereby allowing it to be registered and enforceable. This outcome ensures that the terms and conditions outlined in the agreement will govern the employment relationship between the applicant and its nursing staff, subject to the provisions of the Fair Work Act.

Fresenius Medical Care Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established