DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fresenius Medical Care Australia Pty Ltd
(AG2016/3402)

FRESENIUS MEDICAL CARE NT NURSING STAFF ENTERPRISE AGREEMENT 2015

Northern Territory
COMMISSIONER SAUNDERS	NEWCASTLE, 20 JULY 2016

Application for approval of the Fresenius Medical Care NT Nursing Staff Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Fresenius Medical Care NT Nursing Staff Enterprise Agreement 2015 (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] 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 July 2016. The nominal expiry date of the Agreement is 28 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Fresenius Medical Care Australia Pty Ltd, the Fair Work Commission was asked to approve an enterprise agreement between the company and its nursing staff, as represented by the Australian Nursing and Midwifery Federation. The application for approval came about because the enterprise agreement in question, the Fresenius Medical Care NT Nursing Staff Enterprise Agreement 2015, had been subject to a series of disputes and legal challenges. The legal issues before the commission involved assessing whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was fair and reasonable in its terms.

The commission began by examining the procedural fairness of the agreement's creation, considering whether proper consultation had taken place between the parties. It then proceeded to assess the substantive fairness of the agreement's terms, focusing on whether the agreement provided for fair and reasonable wages and conditions, and whether it included appropriate dispute resolution mechanisms. The commission also considered whether the agreement contained any provisions that might be considered contrary to public policy or outside the scope of permissible enterprise bargaining.

After thorough consideration, the commission found that the agreement was procedurally fair and had been developed through appropriate consultation processes. It also determined that the agreement's terms were fair and reasonable, providing for appropriate wages, conditions, and dispute resolution mechanisms. The commission noted that some provisions were contentious but ultimately found that they did not contravene public policy or exceed the scope of permissible enterprise bargaining. Consequently, the commission approved the agreement, finding it to be compliant with the statutory requirements and fair in its terms.

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