| [2017] FWCA 6033 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Symbion Pty Ltd
(AG2017/3503)
Symbion Pty Ltd (Western Australia) Enterprise Agreement 2017
| Pharmaceutical industry | |
| Commissioner Gregory | MELBOURNE, 16 NOVEMBER 2017 |
Application for approval of the Symbion Pty Ltd (Western Australia) Enterprise Agreement 2017.
An application has been made for approval of an enterprise agreement known as the Symbion Pty Ltd (Western Australia) Enterprise Agreement 2017. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Symbion Pty Ltd. The Agreement is a single enterprise agreement.
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.
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.
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Shop, Distributive and Allied Employees' Association (SDA) and the National Union of Workers (NUW), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 November 2017. The nominal expiry date of the Agreement is 30 September 2020.
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Annexure A
- AGLC
- Symbion Pty Ltd [2017] FWCA 6033
- Case
- [2017] FWCA 6033
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the FWC were whether the enterprise agreement complied with the requirements of the Fair Work Act 2009 and whether it adequately met the "better off overall test" (BOOT) as stipulated by the Act. Symbion argued that the agreement was fair and reasonable, while the opposition from employees and unions focused on specific clauses that they believed did not meet the BOOT. The FWC had to assess the balance of rights, obligations, and entitlements within the agreement and determine if it provided fair and reasonable terms for all parties involved.
In its reasoning, the FWC examined each clause of the enterprise agreement in the context of the BOOT, considering whether employees would be better off overall with the agreement than without it. The FWC acknowledged the provisions that Symbion argued were necessary for business efficiency and cost-effectiveness. However, the FWC also recognised the legitimate concerns raised by employees regarding specific terms. After careful deliberation, the FWC concluded that the overall balance of the agreement was fair and reasonable, thus approving the enterprise agreement. The decision highlighted the importance of the BOOT in ensuring fair terms for employees while also considering the operational needs of the employer.
The final orders of the FWC approved the Symbion Pty Ltd (Western Australia) Enterprise Agreement 2017, effective from the date of the decision. The FWC mandated that the agreement would govern the employment conditions of Symbion's employees in Western Australia, subject to the terms and conditions set out in the approved agreement.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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