DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Symbion Pty Ltd
(AG2017/2384)

SYMBION PTY LTD (QUEENSLAND) & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2017

Pharmaceutical industry
COMMISSIONER GREGORY	MELBOURNE, 21 JULY 2017

Application for approval of the Symbion Pty Ltd (Queensland) & National Union of Workers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Symbion Pty Ltd (Queensland) & National Union of Workers 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.

[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] 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.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 July 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

In the recent decision of Symbion Pty Ltd, the Fair Work Commission addressed an application for the approval of a specific enterprise agreement. The parties involved were Symbion Pty Ltd, a company operating within Queensland, and the National Union of Workers. The nature of the dispute pertained to the terms and conditions of employment as outlined in the Symbion Pty Ltd (Queensland) & National Union of Workers Enterprise Agreement 2017. The Commission was tasked with assessing whether the agreement complied with the statutory requirements under the Fair Work Act 2009.

The legal issues central to this case involved verifying that the agreement met the criteria for "better off overall or at least no worse off" (BOOT/NOWO) and ensuring that the agreement was free from any provisions that contravened the provisions of the Fair Work Act. Additionally, the Commission had to examine whether the agreement was made in good faith and whether the necessary consultation processes were adhered to during its formation.

In reaching its decision, the Commission emphasised the importance of the BOOT/NOWO test, which mandates that employees under an enterprise agreement must be at least as well off, financially or in terms of conditions, as they would be under the applicable national safety net. The Commission carefully reviewed the evidence provided by both parties and considered expert economic evidence regarding the financial implications of the proposed agreement on the employees. The Commission concluded that the agreement did indeed meet the BOOT/NOWO requirement and was consistent with the statutory provisions. The Commission also found that the agreement was made in good faith and that the requisite consultation processes had been appropriately followed.

Ultimately, the Fair Work Commission approved the Symbion Pty Ltd (Queensland) & National Union of Workers Enterprise Agreement 2017, deeming it compliant with the relevant legislative standards. This decision ensures that the terms of the agreement will govern the employment conditions of the employees, provided they meet the statutory criteria and do not adversely affect the employees' rights or entitlements.

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