Fresenius Medical Care Australia Pty Ltd

[2015] FWCA 5436

[2015] FWCA 5436

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fresenius Medical Care Australia Pty Ltd
(AG2015/4130)

FRESENIUS MEDICAL CARE WA NURSING STAFF ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER ROE	MELBOURNE, 10 AUGUST 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Fresenius Medical Care WA 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] 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. 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.

[4] The Australian Nursing and Midwifery Federation and United Voice being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 10 August 2015 and, in accordance with s.54, will operate from 17 August 2015. The nominal expiry date of the Agreement is 31 May 2018.

COMMISSIONER

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ANNEXURE A