Symbion Pty Ltd

[2023] FWCA 359

[2023] FWCA 359

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Symbion Pty Ltd

(AG2022/5594)

SYMBION PTY LTD (VICTORIA) ENTERPRISE AGREEMENT 2022

Pharmaceutical industry
COMMISSIONER MIRABELLA	MELBOURNE, 7 FEBRUARY 2023

Application for approval of the Symbion Pty Ltd (Victoria) Enterprise Agreement 2022.

1. Symbion Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Symbion Pty Ltd (Victoria) Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied the undertaking will not cause financial detriment to any employee covered by the Agreement and the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

1. Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

1. 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.

1. The United Workers’ Union (UWU) as a bargaining representative for the Agreement gave notice under s.183 that it wants the Agreement to cover it. In accordance with s.201(2) and based on the declaration provided by the UWU, I note the Agreement covers the UWU.

1. The Agreement was approved on 7 February 2023 and, in accordance with s.54, will operate from 1 June 2023. The nominal expiry date of the Agreement is 1 November 2025.

COMMISSIONER

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<AE519085  PR750246>

Annexure A