Symbion Pty Ltd T/A Onelink

[2023] FWCA 1869

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Symbion Pty Ltd T/A Onelink

(AG2023/1914)

ONELINK ENTERPRISE AGREEMENT 2023

Storage services
DEPUTY PRESIDENT DEAN	CANBERRA, 23 JUNE 2023

Application for approval of the Onelink Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Onelink Enterprise Agreement 2023 (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 Onelink (Employer). The Agreement is a single enterprise agreement.

The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

Subject to the undertaking 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 United Workers’ Union, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 June 2023. The nominal expiry date of the Agreement is 1 May 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Symbion Pty Ltd, trading as Onelink, applied to the Fair Work Commission for approval of the Onelink Enterprise Agreement 2023. The application was made under the Fair Work Act 2009, which mandates that an enterprise agreement must meet certain criteria, including being free from any coercive or oppressive conduct, to be approved. The application involved the bargaining of a new enterprise agreement between Onelink and its employees, with the dispute centring on the fairness and compliance of the proposed terms with legislative requirements.

The legal issues before the Commission were whether the Onelink Enterprise Agreement 2023 was made without any coercive or oppressive conduct, whether it met the “better off overall test” (BOOT), and if it complied with other relevant provisions of the Fair Work Act. The Commission needed to examine the negotiation process and the content of the agreement to ensure it was not influenced by any undue pressure or unfair practices and that it provided employees with overall benefits that were at least equivalent to their previous conditions.

In its decision, the Commission found that the Onelink Enterprise Agreement 2023 was indeed made free from coercive or oppressive conduct. The evidence presented did not indicate any undue pressure or unfair practices during the negotiation process. Furthermore, the agreement met the BOOT, as it provided employees with benefits that were, on balance, better than their previous conditions. The Commission also confirmed that the agreement complied with all relevant provisions of the Fair Work Act. Given these findings, the Commission approved the Onelink Enterprise Agreement 2023.

Consequently, the Commission granted the application and approved the Onelink Enterprise Agreement 2023. The agreement now legally binds the parties and sets the terms and conditions of employment for the employees of Onelink for the specified period. This decision ensures that the new agreement is in line with the legislative framework governing enterprise agreements in Australia.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established