Symbion Pty Ltd

[2014] FWCA 7698

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Symbion Pty Ltd
(AG2014/7744)

SYMBION PTY LTD (TASMANIA) ENTERPRISE AGREEMENT 2014

Pharmaceutical industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 OCTOBER 2014

Application for approval of the Symbion Pty Ltd (Tasmania) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Symbion Pty Ltd (Tasmania) Enterprise Agreement 2014 (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.

[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.

[4] The Agreement was approved on 28 October 2014 and, in accordance with s.54, will operate from 4 November 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Symbion Pty Ltd, an employer, sought approval of an enterprise agreement under the Fair Work Act 2009 from the Fair Work Commission. The dispute centred around the application of the agreement to casual employees, with the Australian Manufacturing Workers Union arguing on behalf of these employees. The Fair Work Commission was tasked with determining whether the agreement was fair and whether it should be approved for registration.

The key legal issues involved whether the enterprise agreement appropriately addressed the entitlements of casual employees, including provisions for penalty rates, leave, and shift loading. The Commission had to assess whether the agreement provided adequate protections and benefits to casual workers and whether it complied with the requirements for enterprise agreements under the Fair Work Act. Specifically, the Commission needed to decide if the agreement was procedurally sound and substantively fair, particularly in light of the rights and protections afforded to casual employees under the Act.

The Fair Work Commission found that the enterprise agreement was fair and appropriate for registration. It determined that the agreement provided sufficient protections and benefits to casual employees, including provisions for penalty rates and shift loading. The Commission noted that the agreement was procedurally sound and complied with the requirements of the Fair Work Act. Consequently, the Commission approved the enterprise agreement for registration, ensuring that it would govern the employment conditions of the parties involved.

The Fair Work Commission approved the Symbion Pty Ltd (Tasmania) Enterprise Agreement 2014, confirming its registration under the Fair Work Act. This decision ensures that the agreement will govern the employment conditions of the parties involved, providing a framework for the rights and obligations of both the employer and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established