Stryker Australia Pty Ltd

[2024] FWCA 2632

The attached document replaces the document previously issued with the above code on 16 July 2024.

Title of the decision corrected.

Associate to Deputy President Cross

Dated 16 July 2024

[2024] FWCA 2632

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Stryker Australia Pty Ltd

(AG2024/2387)

STRYKER AUSTRALIA PTY LIMITED DISTRIBUTION CENTRE AND KIT ROOM ENTERPRISE AGREEMENT 2024

Storage services
DEPUTY PRESIDENT CROSS	SYDNEY, 16 JULY 2024

Application for approval of the Stryker Australia Pty Limited Distribution Centre and Kit Room Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Stryker Australia Pty Limited Distribution Centre and Kit Room Enterprise Agreement 2024 (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 Ltd. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 July 2024. The nominal expiry date of the Agreement is 16 July 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Stryker Australia Pty Ltd, a medical device manufacturing company, and its employees. The dispute centres around the application for approval of the Stryker Australia Pty Limited Distribution Centre and Kit Room Enterprise Agreement 2024. The application was heard by the Fair Work Commission. The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement fairly reflected the balance of workplace rights and obligations, and if it was free from any provisions that could be considered contrary to public policy.

In considering these issues, the Commission evaluated the terms of the agreement, including provisions related to wages, hours of work, leave entitlements, and other employment conditions. The Commission also assessed whether the agreement provided for a fair and efficient process for resolving disputes and whether it adequately protected the rights of employees. The Commission noted that the agreement included provisions that aligned with the objectives of the Fair Work Act, including those relating to the protection of employees' rights and the promotion of constructive and productive workplace relations. The Commission was satisfied that the proposed agreement did not contain any provisions that would be contrary to public policy and that it fairly reflected the balance of workplace rights and obligations.

Consequently, the Fair Work Commission approved the Stryker Australia Pty Limited Distribution Centre and Kit Room Enterprise Agreement 2024. The Commission's decision was based on its finding that the agreement met the statutory requirements for approval and provided for a fair and efficient process for resolving disputes. The Commission also noted that the agreement provided for appropriate protections for employees and aligned with the objectives of the Fair Work Act. The approval of the agreement will now allow Stryker Australia Pty Ltd and its employees to operate under the terms and conditions set out in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established