DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Symbion Pty Ltd
(AG2017/6328)

SYMBION PTY LTD (VICTORIA) & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2017

Pharmaceutical industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 29 JANUARY 2018

Application for approval of the Symbion Pty Ltd (Victoria) & National Union of Workers Enterprise Agreement 2017.

[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 2017 (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] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Symbion Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The National Union of Workers 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2018. The nominal expiry date of the Agreement is 31 December 2019.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Symbion Pty Ltd, an employer, applied to the Fair Work Commission for the approval of an enterprise agreement with the National Union of Workers. The application was made under the Fair Work Act 2009, and the dispute centred around the terms and conditions of employment, including pay rates, working hours, and other employment-related matters as outlined in the proposed agreement. The Fair Work Commission, acting under the Fair Work Act, was tasked with determining whether the agreement met the legal criteria for approval.

The primary legal issue before the Commission was whether the proposed agreement contained terms that were unfair within the meaning of the Fair Work Act. The Commission needed to assess if the agreement met the "better off overall test," ensuring that the employees were not worse off financially and had additional benefits that outweighed any detriments. Additionally, the Commission examined whether the agreement complied with the "good faith" requirements and did not contain any terms that contravened the National Employment Standards.

The Commission found that the agreement satisfied the better off overall test, as it provided employees with increased wages and improved conditions of employment, outweighing any potential disadvantages. The Commission concluded that the agreement was made in good faith and did not contain any terms that were contrary to the National Employment Standards. The Commission approved the Symbion Pty Ltd (Victoria) & National Union of Workers Enterprise Agreement 2017, recognising it as a valid and binding agreement between the parties.

The final orders of the Commission were that the Symbion Pty Ltd (Victoria) & National Union of Workers Enterprise Agreement 2017 be approved and registered under the Fair Work Act. This decision was made on the basis that the agreement met the legal criteria for approval and provided a fair and reasonable outcome for both the employer and the employees.

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