Fresenius Medical Care Australia Pty Ltd T/A Fresenius Medical Care

[2023] FWCA 2507

[2023] FWCA 2507

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fresenius Medical Care Australia Pty Ltd T/A Fresenius Medical Care

(AG2023/2518)

FRESENIUS MEDICAL CARE VICTORIAN NURSING STAFF ENTERPRISE AGREEMENT 2023

Health and welfare services
COMMISSIONER YILMAZ	MELBOURNE, 15 AUGUST 2023

Application for approval of the Fresenius Medical Care Victorian Nursing Staff Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Fresenius Medical Care Victorian Nursing Staff Enterprise Agreement 2023 (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 T/A Fresenius Medical Care. The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. 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.

1. The Agreement is approved and in accordance with s.54, will operate from 22 August 2023. The nominal expiry date of the Agreement is 15 August 2026.

COMMISSIONER
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<AE521074  PR765089>