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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Fresenius Medical Care Australia, Pty Ltd, an employer, applied for the approval of the Fresenius Medical Care, Smithfield Production, Global Manufacturing Operations, Enterprise Agreement 2016-2018. The application was made under section 233 of the Fair Work Act 2009. The applicants were opposed by a number of unions and individual employees. The unions and employees argued that the enterprise agreement unfairly disadvantaged employees in comparison to other employees of the company. The court was required to decide whether the agreement was in the interests of the employees and whether it complied with the requirements of the Fair Work Act.

The court considered the provisions of the Fair Work Act and examined the enterprise agreement in detail. The court found that the agreement was in the interests of the employees as it provided for reasonable terms and conditions of employment. The court also found that the agreement complied with the requirements of the Fair Work Act. The court was satisfied that the agreement provided for a fair and reasonable process for resolving disputes between the employer and employees. The court also found that the agreement did not unfairly disadvantage the employees in comparison to other employees of the company.

The court approved the enterprise agreement and made orders to that effect. The orders included that the enterprise agreement be approved as a registered agreement under the Fair Work Act. The court also ordered that the agreement be published and that copies be provided to the parties. The court found that the agreement was in the best interests of the employees and that it complied with the requirements of the Fair Work Act. The application was therefore approved and the agreement was registered.

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