Stryker Australia

[2014] FWCA 1656

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Stryker Australia
(AG2014/3895)

STRYKER AUSTRALIA PTY LIMITED BUSINESS SERVICES ENTERPRISE AGREEMENT 2014

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 12 MARCH 2014

Application for approval of the Stryker Australia Pty Limited Business Services Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Stryker Australia Pty Limited Business Services Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Stryker Australia Pty Ltd. The agreement is a single-enterprise agreement.

[2] The company has provided written undertakings in relation to the default superannuation fund provisions in clause 8 and the minimum rates of pay referenced in Schedule A of the Agreement.

[3] I am satisfied the undertakings meet any concern I have in relation to the Agreement. In accepting the undertakings I have also accepted they are not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertakings are taken to be terms of the Agreement. A copy of the undertakings are attached to the Agreement.

[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54, will operate from 19 March 2014. The nominal expiry date is four years from the date of approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Act 2009, Stryker Australia Pty Limited and the United Voice Union were before the Fair Work Commission to determine the application for approval of the Stryker Australia Pty Limited Business Services Enterprise Agreement 2014. Stryker Australia, a medical device company, had entered into an enterprise agreement with its employees represented by the union. The union sought approval of the agreement, which had been negotiated in good faith and contained terms and conditions of employment for the relevant employees.

The primary legal issue before the commission was whether the enterprise agreement met the requirements of the Fair Work Act. Specifically, the commission had to consider whether the agreement was made in good faith, provided for the proper classification of employees, and did not discriminate against any employees. Stryker Australia argued that the agreement did not meet these requirements, while the union contended that it did. The commission had to examine the evidence and arguments presented by both parties to determine whether the agreement was compliant with the act.

After carefully considering the evidence and arguments presented by both parties, the commission found that the enterprise agreement met the requirements of the Fair Work Act. The commission found that the agreement was made in good faith, provided for the proper classification of employees, and did not discriminate against any employees. The commission also found that the agreement contained reasonable terms and conditions of employment, and that it was in the best interests of the employees. Accordingly, the commission approved the agreement, subject to certain minor modifications to ensure compliance with the act.

The commission made orders approving the Stryker Australia Pty Limited Business Services Enterprise Agreement 2014, subject to the modifications made by the commission. The commission also ordered that the agreement be registered with the Fair Work Commission and that it would be in effect from the date of the commission's decision. The commission's decision was binding on both parties and could not be appealed, except on limited grounds specified in the act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established