DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stryker Australia Pty Limited T/A Stryker Australia
(AG2018/973)

STRYKER AUSTRALIA PTY LIMITED SALES ENTERPRISE AGREEMENT 2018

Commercial sales
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 JULY 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Stryker Australia Pty Limited Sales 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

The matter before the Fair Work Commission concerned an application for the approval of the Stryker Australia Pty Limited Sales Enterprise Agreement 2018. The applicant, Stryker Australia, sought the approval of the agreement which outlined the terms and conditions of employment for its sales employees. Stryker Australia is a company involved in the medical technology industry, supplying surgical and medical equipment. The dispute centred around whether the terms of the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the bargaining process and the fairness of the terms.

The key legal issues before the court were whether the bargaining process that led to the agreement was genuine and whether the proposed terms of the agreement were fair and reasonable. The court had to consider the process by which the agreement was negotiated, including whether there was sufficient representation and participation of the employees. Additionally, the court had to evaluate whether the terms of the agreement met the criteria for fairness under the Fair Work Act, including whether they provided for appropriate wages and conditions, and whether they allowed for a proper balance between the interests of the employer and the employees.

In its decision, the Fair Work Commission found that the bargaining process was genuine and that the agreement was fair and reasonable. The Commission noted that there was adequate representation and participation of the employees in the bargaining process, and that the terms of the agreement reflected a proper balance between the interests of the employer and the employees. The Commission was satisfied that the agreement provided for appropriate wages and conditions and that it met the statutory requirements for approval. As a result, the Commission approved the Stryker Australia Pty Limited Sales Enterprise Agreement 2018.

The Fair Work Commission's decision was based on the evidence presented, which demonstrated a comprehensive and transparent bargaining process, and an agreement that addressed the legitimate interests of both parties. The Commission concluded that the proposed agreement was compliant with the requirements of the Fair Work Act and was in the best interests of the employees and the employer.

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