DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fresenius Medical Care Australia Pty Ltd T/A Fresenius Medical Care
(AG2020/3448)

FRESENIUS MEDICAL CARE QLD NURSING STAFF ENTERPRISE AGREEMENT 2019

Health and welfare services
COMMISSIONER BOOTH	BRISBANE, 3 DECEMBER 2020

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

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Fresenius Medical Care Australia Pty Ltd T/A Fresenius Medical Care (the Applicant) for approval of the Fresenius Medical Care Qld Nursing Staff Enterprise Agreement 2019 (the Agreement). The Agreement is a single enterprise agreement.

[2] The Australian Nursing and Midwifery Federation (the ANMF), filed a Form F18 in this matter, confirming that it supports approval of the Agreement and providing 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 the ANMF.

[3] The matter was listed for eHearing on 30 November 2020. Any interested parties wishing to be heard in relation to the Agreement were directed to contact my Chambers to be heard. No parties contacted my Chambers.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 December 2020. The nominal expiry date is 20 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fresenius Medical Care Australia Pty Ltd, trading as Fresenius Medical Care, applied for approval of the Fresenius Medical Care Qld Nursing Staff Enterprise Agreement 2019. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the requirements for approval under the Fair Work Act 2009. The legal issues before the Commission included whether the agreement complied with the "better off overall test" and whether it contained appropriate mechanisms for dispute resolution.

The Commission began by examining the structure and provisions of the proposed agreement. It assessed whether the agreement provided for a fair and reasonable outcome for the employees involved, considering factors such as wages, conditions, and dispute resolution mechanisms. The Commission also considered the views of the parties and any relevant evidence presented. After thorough analysis, the Commission found that the agreement met the necessary requirements, including the better off overall test, and contained appropriate dispute resolution provisions. The Commission was satisfied that the agreement was fair and reasonable for the employees.

Consequently, the Fair Work Commission approved the Fresenius Medical Care Qld Nursing Staff Enterprise Agreement 2019. The decision was based on the comprehensive evaluation of the agreement's provisions and the application of relevant legal standards. The approval ensures that the agreement will govern the employment conditions of the nursing staff at Fresenius Medical Care in Queensland, providing a legally binding framework for their 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