Symbion Pty Ltd T/A Symbion

[2024] FWCA 617

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Symbion Pty Ltd T/A Symbion

(AG2024/234)

SYMBION PTY LTD (UNDERDALE) ENTERPRISE AGREEMENT 2023

Pharmaceutical industry
COMMISSIONER CRAWFORD	SYDNEY, 14 FEBRUARY 2024

Application for approval of the Symbion Pty Ltd (Underdale) Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Symbion Pty Ltd (Underdale) 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. The Agreement is a single enterprise agreement.

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

Noting clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES. This clause will have work to do in relation to compassionate leave conditions because the Agreement does not refer to the NES entitlements concerning miscarriages and stillbirths.

The United Workers’ Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the UWU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2026.

COMMISSIONER
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CaseChat Overview and Summary

Symbion Pty Ltd, trading as Symbion, applied to the Fair Work Commission for the approval of the Symbion Pty Ltd (Underdale) Enterprise Agreement 2023. The dispute involved the proposed terms and conditions of employment for employees within the Underdale site of Symbion. The application was brought before the Fair Work Commission, which is responsible for overseeing and approving enterprise agreements to ensure they meet the requirements of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the procedural requirements of the Fair Work Act and whether the terms of the agreement were fair and reasonable. The Commission needed to assess whether the agreement was made in accordance with the legislative framework, including the proper consultation and bargaining processes, and whether it contained terms that were fair and reasonable for the employees.

The Fair Work Commission found that Symbion Pty Ltd had followed the necessary procedural requirements for bargaining and consultation with the employees. The Commission determined that the proposed agreement was fair and reasonable, taking into account the principles of the Fair Work Act and the need to balance the interests of both employers and employees. The Commission approved the Symbion Pty Ltd (Underdale) Enterprise Agreement 2023, recognising the efforts made by both parties in reaching an agreement that was in the best interests of the workforce.

In approving the agreement, the Fair Work Commission provided a comprehensive decision that detailed its reasoning and the considerations it took into account. The Commission emphasised the importance of fair and reasonable terms of employment and the role of the Fair Work Act in facilitating the negotiation process. The decision serves as a precedent for future enterprise agreements and highlights the standards expected by the Commission in approving such agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established