Fresenius Medical Care Pty Ltd T/A Fresenius Medical Care
[2024] FWCA 4243
•2 DECEMBER 2024
| [2024] FWCA 4243 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Fresenius Medical Care Pty Ltd T/A Fresenius Medical Care
(AG2024/4416)
FRESENIUS MEDICAL CARE NSW NURSING STAFF ENTERPRISE AGREEMENT 2024
| Health and welfare services | |
| DEPUTY PRESIDENT GRAYSON | SYDNEY, 2 DECEMBER 2024 |
Application for approval of the Fresenius Medical Care NSW Nursing Staff Enterprise Agreement 2024
Introduction
Fresenius Medical Care Pty Ltd T/A Fresenius Medical Care (the Employer) has made an application for approval of an enterprise agreement known as the Fresenius Medical Care NSW Nursing Staff Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Transitional arrangements under the Secure Jobs, Better Pay amendment
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 28 March 2024 and the Agreement was made on 29 October 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
Form F17B
The Form F17B filed by the Employer did not provide the notification time for the Agreement. An amended Form F17B was subsequently filed on invitation by my Chambers, and I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the FWC and do so pursuant to s.586(a) of the Act.
National Employment Standards (NES) Precedence Term
Clause 37 of the Agreement provides for public holidays for the purposes of the Agreement. However, the clause is silent on an employee’s entitlement to be absent from their employment on a day or part-day that is a public holiday, as per s.114 of the Act, which may be inconsistent with the NES. I note that in accordance with the NES precedence term in Clause 4 of the Agreement, this clause will be read and interpreted in conjunction with the NES.
Section 186, 187 and 188
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.
Section 183 Bargaining Representatives
The Australian Nursing and Midwifery Federation (ANMF) 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 ANMF.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 December 2024. The nominal expiry date of the Agreement is 30 June 2027.
DEPUTY PRESIDENT
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