Fresenius Medical Care Pty Ltd T/A Fresenius Medical Care

[2024] FWCA 4582

[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

1. 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.

2. 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.

3. 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.

4. 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.

5. 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
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