DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Symbion Pty Ltd
(AG2016/5569)

SYMBION PTY LTD (NSW) ENTERPRISE AGREEMENT 2016

Pharmaceutical industry
COMMISSIONER ROE	MELBOURNE, 31 OCTOBER 2016

Application for approval of the Symbion Pty Ltd (NSW) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Symbion Pty Ltd (NSW) Enterprise Agreement 2016 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 31 October 2016 and, in accordance with s.54, will operate from 7 November 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Symbion Pty Ltd sought approval of the Symbion Pty Ltd (NSW) Enterprise Agreement 2016, which was to be registered under the Fair Work Act 2009. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the legal requirements for approval and registration.

The primary legal issue before the Fair Work Commission was whether the enterprise agreement provided for the proper protection of employees' rights and interests, including the right to a fair and reasonable wage and the right to be free from discrimination. The Commission also needed to consider whether the agreement complied with the relevant provisions of the Fair Work Act, including the requirement that it be "freely and fairly negotiated" between the employer and employees.

In reaching its decision, the Fair Work Commission considered the evidence and submissions presented by both parties. The Commission found that the agreement provided for the proper protection of employees' rights and interests and that it complied with the relevant provisions of the Fair Work Act. The Commission also found that the agreement was "freely and fairly negotiated" between the employer and employees.

As a result, the Fair Work Commission approved the Symbion Pty Ltd (NSW) Enterprise Agreement 2016 and ordered that it be registered under the Fair Work Act. The agreement will now provide the basis for the terms and conditions of employment for the employees covered by the agreement.

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