DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fresenius Medical Care Australia Pty Ltd T/A Fresenius Medical Care
(AG2021/6390)

FRESENIUS MEDICAL CARE SMITHFIELD WAREHOUSE (PRODUCTS DIVISION) ENTERPRISE AGREEMENT 2021

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 5 AUGUST 2021

Application for approval of the Fresenius Medical Care Smithfield Warehouse (Products Division) Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Fresenius Medical Care Smithfield Warehouse (Products Division) Enterprise Agreement 2021 (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.

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

[3] The Australian Workers’ Union 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 August 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

Fresenius Medical Care Australia Pty Ltd, trading as Fresenius Medical Care, applied to the Fair Work Commission for the approval of the Fresenius Medical Care Smithfield Warehouse (Products Division) Enterprise Agreement 2021. The dispute involved the terms and conditions of employment for employees within the Smithfield Warehouse's Products Division. The application was heard in the Fair Work Commission, which is responsible for regulating and approving enterprise agreements under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act and whether it was in the best interests of the employees. This involved examining if the agreement provided for fair and reasonable terms and conditions, including minimum rates of pay, allowances, and leave entitlements. The Commission also considered if the agreement allowed for proper consultation and negotiation processes, and whether it complied with the good faith bargaining requirements.

The Fair Work Commission determined that the agreement did meet the statutory requirements for approval and was in the best interests of the employees. The Commission found that the agreement provided for fair and reasonable terms and conditions, and that the negotiation and consultation processes were conducted in good faith. The Commission was satisfied that the agreement did not adversely affect the employees' minimum entitlements and that it was not contrary to public policy.

The Fair Work Commission approved the Fresenius Medical Care Smithfield Warehouse (Products Division) Enterprise Agreement 2021, which is now a legally binding enterprise agreement between the employer and the employees covered by the agreement. The approval ensures that the employees within the Smithfield Warehouse's Products Division are covered by an enterprise agreement that provides for fair and reasonable terms and conditions of employment.

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