Stryker Australia

[2014] FWCA 1650

The attached document replaces the document previously issued with the above code on 12 March 2014.

The paragraph numbering is corrected so that the second paragraph number 1 is now paragraph number 3, the second paragraph 2 is now paragraph number 4 and previous paragraph 3 is now paragraph 5.

Mark Evans

Associate to Commissioner Cargill

Dated 12 March 2014

[2014] FWCA 1650

FAIR WORK COMMISSION

DECISION

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

Stryker Australia
(AG2014/3883)

STRYKER AUSTRALIA PTY LIMITED SALES ENTERPRISE AGREEMENT 2014

Commercial sales industry
COMMISSIONER CARGILL	SYDNEY, 12 MARCH 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Stryker Australia Pty Limited Sales 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, the minimum casual loading rates in clause 14.2 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

Stryker Australia Pty Limited applied for approval of the Sales Enterprise Agreement 2014. The applicant is a company engaged in the manufacture and distribution of medical equipment. The dispute arose with its sales team, represented by the Health Services Union of Australia. The matter was heard in the Fair Work Commission. The central legal issue was whether the agreement met the statutory requirements for approval, particularly whether it provided for adequate minimum rates of pay, entitlements, and leave provisions as mandated by the Fair Work Act 2009. Additionally, the court had to determine if the agreement was free from any unfair content and whether it had been fairly negotiated.

The Commission examined the agreement clause by clause, assessing compliance with the relevant legislative framework. It noted that the agreement provided for minimum rates of pay that were consistent with industry standards and covered a comprehensive range of entitlements and leave provisions. The Commission found that the agreement was free from any unfair content and that there was no evidence to suggest that it had not been fairly negotiated. The Commission also considered the context in which the agreement was made and the nature of the bargaining process, concluding that the agreement met all statutory requirements for approval.

Consequently, the Commission approved the Sales Enterprise Agreement 2014, finding it to be a bargain within the meaning of the Fair Work Act. The decision underscored the importance of adhering to legislative mandates regarding minimum standards and the necessity for fair negotiation processes in enterprise agreements. The approval of the agreement was a recognition of its compliance with the legal framework and its fairness to all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established