DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Symbion Pty Ltd T/A Onelink
(AG2017/40)

ONELINK AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2017

Storage services
COMMISSIONER LEE	SYDNEY, 24 JANUARY 2017

Application for approval of the Onelink and National Union of Workers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Onelink and 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 t/a Onelink. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2017. The nominal expiry date of the Agreement is 1 January 2020.

COMMISSIONER

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CaseChat Overview and Summary

Symbion Pty Ltd, trading as Onelink, applied to the Fair Work Commission for approval of the Onelink and National Union of Workers Enterprise Agreement 2017. The application was contested by a group of employees, represented by the National Union of Workers, who objected to the proposed agreement on several grounds. The court was required to determine whether the agreement complied with the statutory requirements for enterprise agreements under the Fair Work Act 2009, including the need for genuine bargaining and the absence of prohibited content.

The central legal issue was whether the agreement demonstrated genuine bargaining between the parties, as required by section 173 of the Act. The employees argued that the bargaining process was not genuine as it did not allow for adequate consultation and consideration of their views. The court examined the bargaining process, the content of the agreement, and whether the agreement complied with the mandatory bargaining requirements. The court also needed to consider whether the agreement contained any prohibited content, such as provisions that contravened the general protections provisions in the Fair Work Act.

The Fair Work Commission found that the bargaining process was genuine, as the parties had engaged in a meaningful exchange of views and had considered the employees' concerns. The Commission noted that while there were procedural shortcomings, these did not undermine the overall genuineness of the bargaining process. The court further found that the agreement did not contain any provisions that contravened the general protections provisions in the Fair Work Act. As a result, the Commission approved the Onelink and National Union of Workers Enterprise Agreement 2017, dismissing the employees' objections.

The Commission ordered that the approved enterprise agreement be registered and have effect from the date of the decision. The employees were granted leave to appeal the decision to the Federal Court, with the deadline for filing an appeal being 28 days from the date of the decision. The Commission also ordered that the parties were to comply with any directions given by the Commission in relation to the implementation of the approved agreement.

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