DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stryker Australia Pty Limited T/A Stryker Australia
(AG2018/971)

STRYKER AUSTRALIA PTY LIMITED BUSINESS SERVICES ENTERPRISE AGREEMENT 2018

Clerical industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 JULY 2018

Application for approval of the Stryker Australia Pty Limited Business Services Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Stryker Australia Pty Limited Business Services Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stryker Australia Pty Limited T/A Stryker Australia. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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] Subject to the undertakings referred to above, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 July 2018. The nominal expiry date of the Agreement is 3 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Stryker Australia Pty Limited, trading as Stryker Australia, sought approval for its Business Services Enterprise Agreement 2018. The application was before the Fair Work Commission, which is tasked with overseeing and approving enterprise agreements to ensure they meet certain legal standards and are not detrimental to the employees they cover.

The central legal issues the Commission had to address were whether the agreement complied with the statutory requirements under the Fair Work Act 2009, and whether it appropriately protected the rights and interests of the employees. This involved examining if the agreement contained all the mandatory terms required by law and if it was free from any unfair content. The Commission also had to assess whether the agreement was genuinely negotiated and if the process leading to its creation was fair and appropriate.

The Commission found that the agreement met all the necessary statutory requirements and contained all the mandatory terms. It was satisfied that the agreement was fairly negotiated and that the process was appropriate. Furthermore, the Commission determined that the agreement did not contain any unfair content and was in the best interests of the employees. Consequently, the application for approval was successful, and the agreement was approved as a registered enterprise agreement. The decision was based on a comprehensive review of the agreement's provisions and the evidence presented regarding the negotiation process.

Stryker Australia Pty Limited T/A Stryker Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established