Fresenius Medical Care Australia, Pty Ltd

[2016] FWCA 8522

[2016] FWCA 8522

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fresenius Medical Care Australia, Pty Ltd
(AG2016/6780)

Fresenius Medical Care, Smithfield Production, Global Manufacturing Operations, Enterprise Agreement 2016-2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 29 NOVEMBER 2016

Application for approval of the Fresenius Medical Care, Smithfield Production, Global Manufacturing Operations, Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Fresenius Medical Care, Smithfield Production, Global Manufacturing Operations, Enterprise Agreement 2016-2018 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 December 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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Annexure A