DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Symbion Pty Ltd T/A Healthcare Logistics
(AG2018/1689)

HEALTHCARE LOGISTICS PEMULWUY (NSW) ENTERPRISE AGREEMENT 2018

Pharmaceutical industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 SEPTEMBER 2018

Application for approval of the Healthcare Logistics Pemulwuy (NSW) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Healthcare Logistics Pemulwuy (NSW) 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 T/A Healthcare Logistics. 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.

[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] 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 21 September 2018. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved Symbion Pty Ltd, trading as Healthcare Logistics, which applied for the approval of the Healthcare Logistics Pemulwuy (NSW) Enterprise Agreement 2018. The dispute centred on the terms of the enterprise agreement, which was intended to govern the employment conditions of certain workers within the organisation. The application was heard by the Fair Work Commission, an Australian statutory body with jurisdiction to make decisions on employment matters, including the approval of enterprise agreements.

The legal issues before the court involved determining whether the proposed enterprise agreement complied with the relevant statutory requirements under the Fair Work Act 2009. Specifically, the court had to examine whether the agreement met the criteria for being a "single interest" enterprise agreement, whether it had been negotiated in good faith, and if it contained all the required terms and conditions. Additionally, the court considered whether the agreement provided fair and reasonable terms and conditions for the employees covered by it, and whether any provisions that appeared to be unfair could be disallowed by the Commission.

The Fair Work Commission found that the enterprise agreement met the statutory requirements and was in the interests of the employees. The court determined that the agreement was a single interest enterprise agreement, had been negotiated in good faith, and contained all the necessary terms and conditions. Furthermore, the Commission concluded that the agreement provided fair and reasonable terms and conditions for the employees. While some provisions were deemed to be unfair, they were not so significant as to invalidate the entire agreement. The court disallowed the unfair provisions and approved the enterprise agreement, subject to the disallowance of certain terms.

The final orders of the court were that the Healthcare Logistics Pemulwuy (NSW) Enterprise Agreement 2018 be approved, with the specified unfair provisions disallowed. The court's decision was based on the conclusion that the agreement was in the best interests of the employees, and that the disallowed provisions did not undermine the overall fairness of the agreement.

Symbion Pty Ltd T/A Healthcare Logistics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established