DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Symbion Pty Ltd
(AG2015/253)

SYMBION CONTRACT LOGISTICS RYDALMERE (NSW) ENTERPRISE AGREEMENT 2015

Pharmaceutical industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 26 FEBRUARY 2015

Application for approval of the Symbion Contract Logistics Rydalmere (NSW) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Symbion Contract Logistics Rydalmere (NSW) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 5 March 2015. The nominal expiry date of the Agreement is 31 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Symbion Pty Ltd sought approval of the Symbion Contract Logistics Rydalmere (NSW) Enterprise Agreement 2015. The applicant aimed to finalise the agreement, which outlined terms and conditions for employees working at its Rydalmere facility. The application was brought before the Fair Work Commission (FWC) under the Fair Work Act 2009. The legal issues before the court encompassed the validity of the agreement, whether it adhered to the requirements set forth by the Act, and whether it met the 'better off overall test'. The Commission had to determine if the agreement provided employees with conditions at least as good as those under the relevant award or safety net.

The Commission examined the terms of the agreement, focusing on whether it provided employees with a safety net that was not less favourable than the applicable award, and whether it met the requirements of the 'better off overall test'. This involved assessing if the employees were better off overall with the agreement compared to the conditions under the relevant award. The Commission considered the bargaining positions of the parties, the negotiation process, and the extent to which the agreement reflected the economic realities faced by both employers and employees. The Commission also evaluated whether the agreement was made in good faith and whether it complied with the procedural fairness requirements.

After thorough examination, the Commission concluded that the agreement was valid and met the necessary statutory requirements. The Commission found that the agreement provided employees with conditions at least as good as those under the relevant award and satisfied the 'better off overall test'. The Commission approved the agreement, emphasising the importance of fair and equitable terms for both parties. The decision underscored the Commission's commitment to ensuring that enterprise agreements contribute to a balanced and sustainable industrial relations environment.

The Fair Work Commission approved the Symbion Contract Logistics Rydalmere (NSW) Enterprise Agreement 2015, recognising its compliance with the statutory requirements and its alignment with the principles of fairness and good faith. The agreement was found to provide employees with conditions at least as good as those under the relevant award and met the 'better off overall test'. The decision was a testament to the Commission's role in facilitating fair and effective industrial relations agreements.

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