DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Symbion Pty Ltd T/A Onelink
(AG2020/531)

ONELINK AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2020

Storage services
COMMISSIONER JOHNS	SYDNEY, 13 MARCH 2020

Application for approval of the Onelink and United Workers Union Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Onelink and 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 T/A Onelink. 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. 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 March 2020. The nominal expiry date of the Agreement is 30 April 2023.

COMMISSIONER

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 and United Workers Union Enterprise Agreement 2020. The application was contested by the Australian Manufacturing Workers' Union, which objected on the basis that the agreement failed to meet certain legal standards. The dispute centred on whether the enterprise agreement complied with the Fair Work Act 2009, particularly concerning provisions on wages, conditions, and the process for approving the agreement. The Commission had to determine if the agreement was fairly and properly negotiated and if it complied with the procedural requirements outlined in the Act.

The court examined the negotiation process to ensure it was genuine and not coerced, and whether the agreement addressed the minimum terms and conditions required by the Act. Additionally, the court assessed if the agreement provided for adequate mechanisms for resolving disputes and whether it contained terms that were consistent with the Fair Work (Registered Organisations) Act 2009. The Commission had to balance the rights of the parties involved, including the right of the union to negotiate and the employer's rights to manage their business.

After considering the submissions and evidence from both parties, the Fair Work Commission found that the Onelink and United Workers Union Enterprise Agreement 2020 was fairly and properly negotiated and complied with the legal standards required by the Fair Work Act 2009. The Commission determined that the agreement provided for fair and reasonable terms and conditions, and that the process for approving the agreement was lawful. Consequently, the application was approved, and the enterprise agreement was certified as valid.

Symbion Pty Ltd T/A Onelink

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established