DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fresenius Medical Care Australia Pty Ltd T/A Fresenius Medical Care
(AG2021/6729)

FRESENIUS MEDICAL CARE WA NURSING STAFF ENTERPRISE AGREEMENT 2019

Health and welfare services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 26 AUGUST 2021

Application for approval of the Fresenius Medical Care WA Nursing Staff Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Fresenius Medical Care WA Nursing Staff Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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

[3] The Australian Nursing and Midwifery Federation and the United Workers’ Union being bargaining representatives for the Agreement, have each given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 2 September 2021. The nominal expiry date of the Agreement is 1 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Fresenius Medical Care Australia Pty Ltd, trading as Fresenius Medical Care, applied for the approval of the Fresenius Medical Care WA Nursing Staff Enterprise Agreement 2019. The application arose from the need to formalise the terms and conditions of employment for the nursing staff in Western Australia. The agreement sought to cover matters including wages, allowances, and other employment conditions. The dispute involved the negotiation process and whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission centred on the validity of the agreement and whether it complied with the procedural and substantive requirements set out in the Fair Work Act. Specifically, the Commission had to consider if the agreement was made in good faith, if it was appropriately negotiated, and if it met the 'better off overall' test for employees. Additionally, the Commission examined whether the agreement included all mandatory terms and conditions as required by the Act.

The Fair Work Commission found that the agreement was made in good faith and was appropriately negotiated. It satisfied the 'better off overall' test, meaning the employees would be no worse off and potentially better off financially and in terms of other conditions of employment. The Commission also confirmed that all mandatory terms and conditions were included in the agreement. Consequently, the application for approval was successful, and the Fresenius Medical Care WA Nursing Staff Enterprise Agreement 2019 was approved.

The final orders included the approval of the enterprise agreement, effective from the date of the Commission's decision. The agreement now serves as the basis for the terms and conditions of employment for the nursing staff covered by the agreement. This decision ensures that the employees have a clear and legally recognised framework for their employment conditions.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established