DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fresenius Medical Care Australia Pty Ltd T/A Fresenius Medical Care
(AG2021/166)

FRESENIUS MEDICAL CARE VICTORIAN ‘NURSING STAFF’ ENTERPRISE AGREEMENT 2020

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 FEBRUARY 2021

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

[1] An application has been made for approval of an enterprise agreement known as the Fresenius Medical Care Victorian ‘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 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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 March 2021. The nominal expiry date of the Agreement is 31 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are Fresenius Medical Care Australia Pty Ltd, trading as Fresenius Medical Care, and the Health Services Union of Australia (HSU). The dispute centres on the application for the approval of the Fresenius Medical Care Victorian 'Nursing Staff' Enterprise Agreement 2020. The matter was heard by the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the procedural and substantive fairness tests required for approval under the legislation. The Commission needed to consider whether the agreement was genuinely negotiated, whether it contained mandatory terms, and if it provided for the protection of employees' rights and interests.

In its decision, the Commission found that the agreement was genuinely negotiated and contained terms that were fair and reasonable. The Commission noted that the agreement provided for appropriate safeguards for employees, including provisions for fair work conditions and protections against unfair dismissal. The Commission also determined that the agreement complied with the mandatory terms and conditions required by the Act. As a result, the Commission approved the Fresenius Medical Care Victorian 'Nursing Staff' Enterprise Agreement 2020.

The Fair Work Commission approved the Fresenius Medical Care Victorian 'Nursing Staff' Enterprise Agreement 2020, determining that it met the statutory requirements for genuine negotiation, fairness, and compliance with the Fair Work Act 2009. The Commission found that the agreement provided adequate protections for employees and was in the best interests of the parties involved.

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

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established