DECISION

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

Symbion Pty Ltd
(AG2020/2272)

SYMBION PTY LTD (QUEENSLAND) & UNITED WORKERS UNION ENTERPRISE AGREEMENT 2020

Pharmaceutical industry
COMMISSIONER BOOTH	BRISBANE, 18 SEPTEMBER 2020

Application for approval of the Symbion Pty Ltd (Queensland) & United Workers Union Enterprise Agreement 2020.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Symbion Pty Ltd (the Applicant) for approval of the Symbion Pty Ltd (Queensland) & United Workers Union Enterprise Agreement 2020 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant on 2 September 2020, raising certain concerns in relation to the Agreement and seeking responses and undertakings from the Applicant. The Applicant filed submissions and undertakings addressing the concerns raised on 7 September 2020. The employee bargaining representative were provided with copies of the response and proposed undertakings.

[3] The matter was listed for eHearing on 16 September 2020. Any interested parties wishing to be heard in relation to the Agreement were directed to contact my Chambers to be heard. No parties contacted my Chambers

[4] The undertakings meet the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then taken to be a term of the Agreement and are attached to this Decision at Attachment A.

[5] It is also noted that the consultation term at clause 32.1 does not appear to be consistent with the requirements of the Act. Accordingly, the model consultation term set out in the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] Subject to the matters raised at paragraphs [2] – [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 had been met.

[7] Mr Matthew Toner, Director – Logistics of the United Workers Union (UWU), filed a Form F18 in this matter, providing 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 the Agreement cover the organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 September 2020. The nominal expiry date is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Attachment A.

CaseChat Overview and Summary

Symbion Pty Ltd, a Queensland-based company, applied to the Fair Work Commission for approval of the Symbion Pty Ltd (Queensland) & United Workers Union Enterprise Agreement 2020. The dispute revolved around the terms and conditions of the enterprise agreement between the company and its employees, represented by the United Workers Union. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements and provided a fair and reasonable outcome for both parties.

The primary legal issues before the Commission were whether the agreement complied with the Fair Work Act 2009 and whether it was made in good faith and without coercion. The Commission also had to consider whether the agreement provided for the fair and reasonable treatment of employees and whether it met the minimum standards set out in the Act. Additionally, the Commission needed to assess whether the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and the Fair Work Regulations 2009.

The Commission found that the agreement was made in good faith and without coercion and that it provided for the fair and reasonable treatment of employees. The Commission also concluded that the agreement complied with the relevant statutory provisions and met the minimum standards set out in the Act. The Commission approved the agreement, noting that it provided a fair and reasonable outcome for both parties and was consistent with the objectives of the Fair Work Act 2009. The Commission also found that the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and the Fair Work Regulations 2009. The Commission approved the Symbion Pty Ltd (Queensland) & United Workers Union Enterprise Agreement 2020, effective from 1 July 2020.

Symbion Pty Ltd

DECISION

Attachment A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established