DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Symbion Pty Ltd
(AG2017/6381)

SYMBION PTY LTD (UNDERDALE) ENTERPRISE AGREEMENT 2018

Pharmaceutical industry
COMMISSIONER WILSON	MELBOURNE, 16 JANUARY 2018

Application for approval of the Symbion Pty Ltd (Underdale) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Symbion Pty Ltd (Underdale) Enterprise Agreement 2018 (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 Applicant 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.

[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.

[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 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 January 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Symbion Pty Ltd, an employer, and the Australian Manufacturing Workers' Union, representing employees, applied for the approval of the Symbion Pty Ltd (Underdale) Enterprise Agreement 2018. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The union argued that the agreement adequately reflected the terms and conditions of employment for its members, while the employer contended that certain provisions did not meet the statutory standards.

The primary legal issues before the Commission were whether the agreement contained all the mandated terms and conditions, and whether it complied with the statutory requirements for genuine agreement and procedural fairness. The Commission considered whether the agreement was made in good faith and whether the union had genuinely negotiated the terms on behalf of its members. The Commission also examined whether the agreement included all the prescribed minimum terms and conditions and whether it complied with the procedural requirements, including the provision of a copy of the agreement to employees and the holding of a meeting to discuss the agreement.

In delivering its decision, the Commission found that the agreement met all the statutory requirements for approval. It determined that the agreement was genuinely negotiated and reflected the terms and conditions of employment for the employees. The Commission concluded that the agreement contained all the prescribed minimum terms and conditions and was in compliance with the procedural requirements. The Commission approved the Symbion Pty Ltd (Underdale) Enterprise Agreement 2018.

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