Symbion Pty Ltd

[2015] FWCA 1223

[2015] FWCA 1223

FAIR WORK COMMISSION

DECISION

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

Symbion Pty Ltd
(AG2015/252)

SYMBION PTY LTD (UNDERDALE) ENTERPRISE AGREEMENT 2015

Pharmaceutical industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 20 FEBRUARY 2015

Application for approval of the Symbion Pty Ltd (Underdale) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Symbion Pty Ltd (Underdale) 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] An undertaking has been provided in the following terms:

“That employees who are shift workers under this Agreement will be given an Entitlement of 5 weeks paid annual leave in each year.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment 1.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[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) of the Act I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 February 2015. The nominal expiry date of the Agreement is 31 December 2017.

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<Price code G, AE412715  PR561253>