DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fresenius Medical Care Australia Pty Ltd T/A Fresenius Medical Care
(AG2021/5397)

FRESENIUS MEDICAL CARE NSW NURSING STAFF ENTERPRISE AGREEMENT 2020

Health and welfare services
DEPUTY PRESIDENT CROSS	SYDNEY, 16 JUNE 2021

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

[1] An application has been made for approval of an enterprise agreement known as the Fresenius Medical Care NSW Nursing Staff Enterprise Agreement 2020 (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. 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 Nursing and Midwifery Federation NSW 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 seven days after this approval. The nominal expiry date of the Agreement is 1 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fresenius Medical Care Australia Pty Ltd, trading as Fresenius Medical Care, sought approval for the Fresenius Medical Care NSW Nursing Staff Enterprise Agreement 2020 from the Fair Work Commission. The application was brought under the Fair Work Act 2009, which mandates that enterprise agreements be registered with the Commission. The nature of the dispute centred on whether the proposed agreement met the legal requirements for registration, particularly regarding the provisions that addressed the conditions of employment for nursing staff.

The central legal issue the Commission had to resolve was whether the agreement was a "single enterprise agreement" as defined under the Fair Work Act. This required an examination of the bargaining scope and the coverage of the agreement. The Commission had to ensure that the agreement was made between bargaining representatives of employers and employees, covered a single enterprise, and complied with the various statutory requirements set out in the Act.

In its decision, the Commission noted that the agreement was indeed a single enterprise agreement, as it was made between the relevant parties and covered the conditions of employment for nursing staff in a single enterprise. The Commission was satisfied that the agreement met all the statutory requirements, including the procedural fairness provisions, and thus approved the agreement. The Commission found that the agreement provided for fair and reasonable terms and conditions, and that the process leading to its creation was compliant with the legal standards.

The Fair Work Commission approved the Fresenius Medical Care NSW Nursing Staff Enterprise Agreement 2020, thereby enabling its registration and enforcement under the Fair Work Act. The Commission's decision was based on the comprehensive compliance of the agreement with all relevant legal criteria, including the procedural fairness and the coverage of a single enterprise.

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