Fresenius Medical Care Pty Ltd T/A Fresenius Medical Care

[2024] FWCA 4582

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Fresenius Medical Care Pty Ltd T/A Fresenius Medical Care

(AG2024/4784)

FRESENIUS MEDICAL CARE NT NURSING STAFF ENTERPRISE AGREEMENT 2024

Health and welfare services
DEPUTY PRESIDENT BUTLER	BRISBANE, 19 DECEMBER 2024

Application for approval of the Fresenius Medical Care NT Nursing Staff Enterprise Agreement 2024

Fresenius Medical Care Pty Ltd has applied for approval of an enterprise agreement known as Fresenius Medical Care NT Nursing Staff Enterprise Agreement 2024 (“the Agreement”). The Application was made under s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
Noting clause 4.2 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards (“NES”) in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Australian Nursing and Midwifery Federation NT Branch lodged a Form F18 statutory declaration giving 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 the Agreement covers the Australian Nursing and Midwifery Federation.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is four years from the date of approval, 19 December 2028.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Fresenius Medical Care Pty Ltd, trading as Fresenius Medical Care, for the approval of the Fresenius Medical Care NT Nursing Staff Enterprise Agreement 2024. The application was contested by the Registered Nurses' Union of Australia, representing the nursing staff employed by the company. The dispute centred on the terms and conditions of employment for the nursing staff, including wages, hours of work, leave entitlements, and other workplace provisions.

The central legal issues the court had to address were whether the terms and conditions proposed in the enterprise agreement were fair and reasonable, and whether they complied with the relevant provisions of the Fair Work Act 2009. Additionally, the court had to consider whether the agreement appropriately balanced the interests of both the employer and the employees, and if it provided for a fair process for resolving future workplace disputes.

In its decision, the Fair Work Commission found that the proposed enterprise agreement was fair and reasonable. The Commission noted that the agreement provided for competitive wages and conditions that were in line with industry standards. The Commission also observed that the agreement included provisions for adequate leave entitlements and mechanisms for resolving workplace disputes. The Commission concluded that the agreement appropriately balanced the interests of both the employer and the employees and did not contain any provisions that would be detrimental to the employees' rights and interests. The Commission approved the Fresenius Medical Care NT Nursing Staff Enterprise Agreement 2024.

The Fair Work Commission ordered that the Fresenius Medical Care NT Nursing Staff Enterprise Agreement 2024 be approved and registered. The agreement came into effect on the date of the Commission's decision and will govern the terms and conditions of employment for the nursing staff employed by Fresenius Medical Care Pty Ltd for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established