Stryker Australia Pty Ltd T/A Stryker Australia Summary

[2018] FWCA 4414

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Stryker Australia Pty Ltd T/A Stryker Australia

(AG2018/978)

Stryker Australia Pty Limited Distribution Centre and Kit Room Enterprise Agreement 2018

Storage services
Deputy President Masson	MELBOURNE, 27 JULY 2018

Application for approval of the Stryker Australia Pty Limited Distribution Centre and Kit Room Enterprise Agreement 2018.

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 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 Ltd T/A Stryker Australia. 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.

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 3 August 2018. The nominal expiry date of the Agreement is 26 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Stryker Australia Pty Ltd, trading as Stryker Australia, applied for approval of the Stryker Australia Pty Limited Distribution Centre and Kit Room Enterprise Agreement 2018. The application was heard in the Fair Work Commission. The dispute concerned the terms and conditions of employment for employees within the distribution centre and kit room at Stryker Australia.

The primary legal issues before the Commission were whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, including whether it was procedurally valid and substantively fair. The Commission examined whether the agreement met the requirements for genuine agreement, which includes adequate consultation between the employer and the employees. The Commission also assessed whether the agreement provided for terms and conditions that were fair and reasonable in all aspects.

The Commission found that the agreement was procedurally valid as it was the product of genuine and meaningful consultation between the employer and the employees. The evidence presented demonstrated that the employer had provided sufficient information to the employees and allowed them to express their views. The Commission was satisfied that the employees had an opportunity to discuss the proposed agreement and that their views were considered. In terms of substantive fairness, the Commission concluded that the agreement provided for terms and conditions that were fair and reasonable. The agreement addressed key employment issues, such as wages, hours of work, and other conditions, in a manner that was equitable to both the employer and the employees.

In light of the findings, the Commission approved the Stryker Australia Pty Limited Distribution Centre and Kit Room Enterprise Agreement 2018. The agreement was registered under the Fair Work Act, making it legally binding on the parties involved. The approval ensured that the terms and conditions set out in the agreement would govern the employment relationship between Stryker Australia and the employees within the specified areas.

Stryker Australia Pty Ltd T/A Stryker Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established