FRESENIUS MEDICAL CARE QUEENSLAND NURSING STAFF ENTERPRISE AGREEMENT 2025

Application for approval of the Fresenius Medical Care Queensland Nursing Staff Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Fresenius Medical Care Queensland Nursing Staff Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fresenius Medical Care Pty Ltd Trading AS Fresenius Medical Care (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] I note the undertakings were provided in relation to the following:

1. National Employment Standards (Clause 7)

2. Workplace delegates' rights term (Clause 49)

[4] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

1. Definition of a household (Clause 3(vi))

2. Withholding monies at termination (Clause 44(b))

[6] Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[7] On 19 February 2026, the Australian Nursing and Midwifery Federation (ANMF) filed an amended version of the signature page. I am satisfied that the amended signature page should be included and that it is appropriate to do so pursuant to s.586 of the Act.

[8] The ANMF 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 ANMF.

[9] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 20 February 2029.

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