Symbion Pty Ltd

[2016] FWCA 944

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Symbion Pty Ltd
(AG2016/24)
SYMBION PTY LTD (VICTORIA) & NATIONAL UNION OF
WORKERS ENTERPRISE AGREEMENT 2015
Pharmaceutical industry
COMMISSIONER ROE	MELBOURNE, 12 JANUARY 2016

Application for approval of the Symbion Pty Ltd (Victoria) & National Union of Workers

Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the

Symbion Pty Ltd (Victoria) & National Union of Workers Enterprise Agreement 2015 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] 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.
[2016] FWCA 944

[4] The Agreement was approved on 12 February 2016 and, in accordance with s.54, will

operate from 19 February 2016. The nominal expiry date of the Agreement is 31 December

2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Symbion Pty Ltd sought approval for the Symbion Pty Ltd (Victoria) & National Union of Workers Enterprise Agreement 2015, pursuant to the Fair Work Act 2009. The dispute involved the terms and conditions of employment for the employees of Symbion Pty Ltd in Victoria, with the National Union of Workers acting as the bargaining representative. The application was heard by Commissioner Roe of the Fair Work Commission.

The primary legal issues before the court were whether the Agreement met the requirements for approval under sections 186, 187, and 188 of the Fair Work Act, and whether the group of employees covered by the Agreement was fairly chosen. The court also needed to consider whether the Agreement adequately covered the bargaining representative as required by section 201(2) of the Act.

The Commissioner found that the requirements for approval under the relevant sections of the Fair Work Act had been satisfied. The Agreement was not comprehensive for all employees, but the Commissioner was satisfied that the group of employees covered by the Agreement was fairly chosen, taking into account the factors specified in sections 186(3) and (3A). Additionally, the National Union of Workers had given notice under section 183 of the Act that it wanted the Agreement to cover it, and the Agreement was noted to cover the organisation as required by section 201(2). Consequently, the Commissioner approved the Agreement.

The final orders of the court were that the Symbion Pty Ltd (Victoria) & National Union of Workers Enterprise Agreement 2015 was approved and would operate from 19 February 2016, with a nominal expiry date of 31 December 2017.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established