Symbion Pty Ltd

[2014] FWCA 4637

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Symbion Pty Ltd
(AG2014/1299)

SYMBION PTY LTD (QUEENSLAND) & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2014

Pharmaceutical industry
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 10 JULY 2014

Application for approval of the Symbion Pty Ltd (Queensland) & National Union of Workers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Symbion Pty Ltd (Queensland) & National Union of Workers Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Symbion Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

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

[4] The National Union of Workers, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 17 July 2014. The nominal expiry date of the Agreement is 30 June 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Symbion Pty Ltd, an employer, sought approval for its enterprise agreement with the National Union of Workers. The application was before the Fair Work Commission, which is tasked with assessing whether such agreements comply with the Fair Work Act 2009. The legal issues before the Commission centred on whether the provisions of the agreement met the statutory requirements for an enterprise agreement, including whether the agreement provided for fair and reasonable terms and conditions and whether it complied with the procedural prerequisites set out in the Act.

The Commission examined the submissions from both parties and relevant legislative provisions. It considered the fairness and reasonableness of the agreement's terms, including wages, working conditions, and dispute resolution mechanisms. The Commission also assessed whether the agreement was made in good faith and whether the necessary consultation processes were followed. After thorough deliberation, the Commission found that the agreement satisfied all statutory requirements and was fair and reasonable. It approved the enterprise agreement, emphasising the importance of the agreement in fostering a productive workplace environment.

The Fair Work Commission approved the Symbion Pty Ltd (Queensland) & National Union of Workers Enterprise Agreement 2014. This decision was grounded in the comprehensive compliance of the agreement with the Fair Work Act 2009. The Commission's approval ensured that the terms and conditions of employment were fair, reasonable, and made in good faith, thus providing a stable and productive working environment for employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established