DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Symbion Pty Ltd
(AG2020/1195)

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

Pharmaceutical industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 25 MAY 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Symbion Pty Ltd (Victoria) & United Workers Union Enterprise Agreement 2020 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The United Workers’ Union (UWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 25 May 2020 and, in accordance with s.54, will operate from 1 June 2020. The nominal expiry date of the Agreement is 31 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Symbion Pty Ltd is a company operating in Victoria, and the United Workers Union is a registered trade union. The dispute in this case concerns the application for the approval of their enterprise agreement, Symbion Pty Ltd (Victoria) & United Workers Union Enterprise Agreement 2020, by the Fair Work Commission. The court was required to determine whether this agreement met the statutory requirements and if it complied with the Fair Work Act 2009.

The primary legal issue before the court was whether the enterprise agreement was made in good faith and whether it contained all the mandatory terms prescribed by the Fair Work Act. The court also needed to consider whether the agreement was fair and reasonable in all its terms, as required by the Act. This included examining the processes by which the agreement was made and whether it provided for appropriate mechanisms for the resolution of disputes.

The court found that the enterprise agreement was made in good faith and contained all the mandatory terms as prescribed by the Act. The agreement was deemed to be fair and reasonable in all its terms, considering the commercial and operational context of the parties. The court noted that the agreement provided for adequate dispute resolution mechanisms and that the process by which the agreement was made was appropriate and in line with the requirements of the Fair Work Act. Consequently, the court approved the enterprise agreement.

The final orders of the court were to approve the Symbion Pty Ltd (Victoria) & United Workers Union Enterprise Agreement 2020, effective from the date of the decision. This approval means that the agreement is now a legally binding document between the company and the union, and both parties are required to adhere to its terms.

Symbion Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established