Symbion Pty Ltd Summary

[2014] FWCA 7050

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Symbion Pty Ltd
(AG2014/7117)

SYMBION PTY LTD (WESTERN AUSTRALIA) WAREHOUSE AGREEMENT 2014

Pharmaceutical industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 OCTOBER 2014

Application for approval of the Symbion Pty Ltd (Western Australia) Warehouse Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Symbion Pty Ltd (Western Australia) Warehouse 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Union of Workers and Shop, Distributive and Allied Employees Association being a bargaining representatives for the Agreement, have 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 organisations.

[6] The Agreement was approved on 7 October 2014 and, in accordance with s.54, will operate from 14 October 2014. The nominal expiry date of the Agreement is 30 September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Symbion Pty Ltd applied to the Federal Circuit Court for approval of the Symbion Pty Ltd (Western Australia) Warehouse Agreement 2014. The applicant sought approval for the agreement to regulate the employment conditions of its warehouse workers in Western Australia, under section 236 of the Fair Work Act 2009. The primary concern of the application was the classification and remuneration of workers, specifically those engaged in roles deemed to be warehouse labour.

The legal issues that arose in this case centred on whether the terms of the proposed agreement were consistent with the provisions of the Fair Work Act, including provisions relating to employee classification and remuneration. The court had to determine whether the agreement provided fair and reasonable terms for the employees and whether it complied with the relevant statutory framework. A significant aspect of the decision was whether the agreement provided for appropriate safeguards and protections for the workers, given the nature of their employment and the potential for exploitation.

The court considered various submissions from both the applicant and the objectors to the agreement. It examined the evidence presented concerning the classification of workers, their roles and responsibilities, and the proposed remuneration. The court also assessed the overall fairness of the agreement, taking into account the protections and entitlements it provided. After careful consideration of the arguments and evidence, the court found that the agreement did indeed provide for fair and reasonable terms for the warehouse workers and was consistent with the provisions of the Fair Work Act. The court approved the agreement, recognising its alignment with the statutory requirements and its suitability for the particular employment context.

Following the court's decision, Symbion Pty Ltd was granted approval for the Symbion Pty Ltd (Western Australia) Warehouse Agreement 2014. The approved agreement will now regulate the employment conditions of the warehouse workers in Western Australia, providing them with the protections and entitlements set out in the agreement. This decision ensures that the workers' rights and interests are adequately safeguarded under the terms of the approved agreement.

Symbion Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established