Symbion Pty Ltd

[2013] FWCA 984

[2013] FWCA 984

FAIR WORK COMMISSION

DECISION

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

Symbion Pty Ltd
(AG2013/187)

SYMBION PTY LTD (VICTORIA) & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2013

Pharmaceutical industry
COMMISSIONER ROE	MELBOURNE, 12 FEBRUARY 2013

Application for approval of the Symbion Pty Ltd (Victoria) & National Union of Workers Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Symbion Pty Ltd (Victoria) & National Union of Workers Enterprise Agreement 2013 (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] Symbion and the NUW provided a signed undertaking in respect of Clause 11.4.2 on 11 February 2013 from Simon Bunde, General Manager Operations. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that Fair Work Australia is aware of have been consulted and support the undertaking.

[5] 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.

[6] The National Union of Workers 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 the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 February 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

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