DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Symbion Pty Ltd
(AG2017/2837)

SYMBION PTY LTD (TASMANIA) ENTERPRISE AGREEMENT 2017

Tasmania
COMMISSIONER JOHNS	SYDNEY, 14 SEPTEMBER 2017

Application for approval of the Symbion Pty Ltd (Tasmania) Enterprise Agreement 2017.

[1] On13 July 2017 Symbion Pty Ltd (Applicant) made an application for approval of the Symbion Pty Ltd (Tasmania) Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the [insert union/employee reps] has signed the undertakings to indicate its support OR has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The National Union of Workers, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), the Commission notes that the Agreement covers this organisation.

[7] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 21 September 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Symbion Pty Ltd, a company registered in Tasmania, applied for approval of the Symbion Pty Ltd (Tasmania) Enterprise Agreement 2017. The application was made under the Fair Work Act 2009. The applicant sought to have the agreement registered, which would make it a legally binding contract between the company and its employees. The application was brought before the Fair Work Commission, which was required to determine whether the agreement met the statutory requirements for registration under the Fair Work Act.

The legal issues before the Commission were whether the agreement was a genuine enterprise agreement, whether it contained terms and conditions that were reasonably necessary for the protection of employees' interests, and whether it was consistent with the provisions of the Fair Work Act. The Commission also needed to consider whether the agreement was made in good faith and whether the process for making the agreement was fair. Additionally, the Commission had to ensure that the agreement did not discriminate against any employee or group of employees.

The Fair Work Commission found that the agreement was a genuine enterprise agreement that had been made in good faith and that the process for making the agreement was fair. The Commission also determined that the terms and conditions of the agreement were reasonably necessary for the protection of employees' interests and were consistent with the provisions of the Fair Work Act. Furthermore, the Commission found that the agreement did not discriminate against any employee or group of employees. As a result, the Commission approved the agreement, and it was registered as a legally binding contract between Symbion Pty Ltd and its employees.

Symbion Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established