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

[2021] FWCA 5638

[2021] FWCA 5638

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fresenius Medical Care Australia Pty Ltd T/A Fresenius Medical Care
(AG2021/7003)

FRESENIUS MEDICAL CARE SA NURSING STAFF ENTERPRISE AGREEMENT 2020

Health and welfare services
COMMISSIONER PLATT	ADELAIDE, 8 SEPTEMBER 2021

Application for approval of the Fresenius Medical Care SA Nursing Staff Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Fresenius Medical Care SA Nursing Staff Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Fresenius Medical Care Australia Pty Ltd T/A Fresenius Medical Care (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 7 September 2021 and was determined on the papers.

[3] The Applicant has submitted an undertaking in the required form dated 8 September 2021. The undertaking deals with the following topics:

•  The definition of a shift worker will be for the purposes of the National Employment Standards (NES).

•  Casual employees will receive the casual loading on a cumulative basis when overtime is worked.

[4] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative supported the undertaking.

[5] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[6] 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) of the Act I note that the Agreement covers this organisation.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2023.

COMMISSIONER

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