Fresenius Medical Care Production (Australia) Pty Ltd

[2023] FWCA 485

[2023] FWCA 485

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fresenius Medical Care Production (Australia) Pty Ltd

(AG2023/153)

Fresenius Medical Care Smithfield Production, Manufacturing & Supply Chain Enterprise Agreement 2023

Manufacturing and associated industries
COMMISSIONER MCKINNON	SYDNEY, 17 FEBRUARY 2023

Application for approval of the Fresenius Medical Care Smithfield Production, Manufacturing & Supply Chain Enterprise Agreement 2023

1. Fresenius Medical Care Production (Australia) Pty Ltd has applied for approval of a single enterprise agreement known as the Fresenius Medical Care Smithfield Production, Manufacturing & Supply Chain Enterprise Agreement 2023 (the Agreement).

1. The Agreement is taken to be genuinely agreed to by the employees covered by the Agreement under s.188(2)(a) of the Fair Work Act 2009, despite the deficiency in relation to the issue regarding the Notice of Employee Representational Rights, as identified in my earlier decision[1].

1. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

1. The Agreement is approved and will operate from 24 February 2023. The nominal expiry date of the Agreement is 17 February 2027.

COMMISSIONER

[1] [2022] FWC 2088.

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