[2015] FWCA 4044

The attached document replaces the document previously issued with the above code on 18 June 2015

The paragraph numbering has been amended.

Relief Associate to Commissioner Roe

Dated18 June 2015

[2015] FWCA 4044

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Symbion Pty Ltd T/A Onelink
(AG2015/1403)

ONELINK AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 18 JUNE 2015

Application for approval of the Onelink and National Union of Workers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Onelink and National Union of Workers Enterprise Agreement 2015 (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. trading as Onelink (the Applicant). The agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of s.172(2)(b) of the Act are met. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. I am satisfied that the group of employees was fairly chosen. In accordance with s.187(5)(a) of the Act, I am satisfied that the National Union of Workers are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) I note the Agreement was made with the National Union of Workers and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 June 2015. The nominal expiry date of the Agreement is 1 January 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Symbion Pty Ltd, trading as Onelink, and the National Union of Workers were before the Fair Work Commission in an application for the approval of their enterprise agreement. The agreement, dated 2015, was the subject of a dispute that required resolution by the Commission. The primary concern was whether the agreement met the necessary criteria under the Fair Work Act 2009, including fairness, genuine agreement, and compliance with the relevant provisions.

The legal issues before the Commission were whether the agreement was genuinely negotiated, if it was fair and reasonable, and if it complied with the mandatory requirements of the Fair Work Act. The Commission had to consider if there was any evidence of coercion or undue influence, if the agreement's terms were reasonable and appropriate, and if it adhered to the procedural requirements set forth in the legislation.

In its decision, the Commission examined the evidence provided by both parties, assessing the negotiation process and the terms of the agreement. The Commission found that the agreement had been genuinely negotiated between the parties and that there was no evidence of coercion or undue influence. It concluded that the terms of the agreement were fair and reasonable, taking into account the nature of the industry, the parties' bargaining positions, and the broader economic context. The Commission also determined that the agreement complied with all mandatory requirements under the Fair Work Act.

The Fair Work Commission approved the Onelink and National Union of Workers Enterprise Agreement 2015, finding it to be fairly negotiated, reasonable in its terms, and compliant with the relevant statutory provisions. The Commission's decision was based on a thorough examination of the evidence and a consideration of the broader context in which the agreement was made.

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