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

[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

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.

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.

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.

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
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Fresenius Medical Care Australia Pty Ltd, trading as Fresenius Medical Care, and a union representing nursing staff. The primary issue was the approval of the Fresenius Medical Care Victorian Nursing Staff Enterprise Agreement 2023. The application for approval was brought before the Fair Work Commission, an Australian federal workplace relations tribunal.

The legal issues at hand centred around whether the proposed enterprise agreement complied with the requirements set out in the Fair Work Act 2009. This included ensuring the agreement met the "better off overall test" and was free from any provisions that might unfairly disadvantage employees or employers. The court had to evaluate whether the agreement was made in good faith and if it provided for fair and reasonable terms.

The Fair Work Commission carefully examined the terms of the agreement, taking into account submissions from both parties and the broader implications for the nursing workforce. After thorough consideration, the Commission determined that the agreement did meet the necessary statutory requirements and did not include any unfair or unreasonable provisions. It was concluded that the agreement was fair and reasonable, providing better outcomes for the employees overall. Consequently, the Commission approved the agreement.

The final orders of the Commission included the approval of the Fresenius Medical Care Victorian Nursing Staff Enterprise Agreement 2023, effective from the date of the decision. This decision was made under the authority of the Fair Work Act 2009, and the agreement was to be registered with the Fair Work Commission. The approval marked the formal acceptance of the terms negotiated between the parties, ensuring they were legally binding and enforceable.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established