Symbion Pty Ltd T/A Symbion
[2024] FWCA 617
•14 FEBRUARY 2024
| [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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