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.

Printed by authority of the Commonwealth Government Printer,

CaseChat Overview and Summary

Symbion Pty Ltd sought approval of the Symbion Pty Ltd (Underdale) Enterprise Agreement 2015, which was made between the company and its employees, represented by the Shop, Distributive and Allied Employees' Association (SDA). The dispute involved the terms and conditions of employment, including wages, hours of work, and other employment-related matters. The case was heard in the Fair Work Commission (FWC), which has the authority to approve enterprise agreements under the Fair Work Act 2009.

The primary legal issue before the FWC was whether the enterprise agreement complied with the legal requirements set out in the Fair Work Act. The FWC had to assess whether the agreement met the "better off overall test" (BOOT), which requires that employees be no worse off financially and at least some employees be better off overall compared to the applicable award or other relevant industrial instrument. The FWC also had to consider whether the agreement included the mandated minimum terms and whether it was made in good faith and without coercion.

In its decision, the FWC found that the agreement satisfied the BOOT, as it provided for wage increases and improved conditions for the employees, making them better off overall. The FWC also confirmed that the agreement contained the required minimum terms and was made in good faith. Consequently, the FWC approved the Symbion Pty Ltd (Underdale) Enterprise Agreement 2015.

As a result of the FWC's decision, the approved enterprise agreement became legally binding between Symbion Pty Ltd and its employees, and it superseded any conflicting terms in the relevant award or other industrial instrument. The agreement now governs the employment terms and conditions 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