Symbion Pty Ltd Summary

[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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CaseChat Overview and Summary

In the Fair Work Commission, the National Union of Workers sought approval of an enterprise agreement with Symbion Pty Ltd, a Victoria-based company. The dispute centred on whether the proposed agreement complied with the statutory requirements and did not adversely affect the general public interest. The case was heard by Deputy President P. M. M. Wilson.

The central legal issues before the court were whether the agreement contained terms that contravened the statutory requirements and whether it would have an adverse effect on the general public interest. These issues were pivotal as they determined the enforceability of the agreement. Additionally, the court had to consider whether the agreement was in the best interests of the employees and the employer.

Deputy President Wilson carefully reviewed the proposed agreement against the statutory framework. The Deputy President found that the agreement did not include any terms that contravened the statutory requirements and did not have an adverse effect on the general public interest. The Deputy President concluded that the agreement was fair and reasonable, taking into account the interests of both the employees and the employer. The court approved the agreement.

In summary, the court approved the proposed enterprise agreement, finding it to be compliant with the statutory requirements and not detrimental to the public interest. The decision ensures that the agreement can be implemented, providing a framework for the terms and conditions of employment between the parties.

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