Symbion Pty Ltd T/A Symbion

[2023] FWCA 1562

[2023] FWCA 1562

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Symbion Pty Ltd T/A Symbion

(AG2023/1242)

SYMBION PTY LTD (NSW) ENTERPRISE AGREEMENT 2023

Pharmaceutical industry
DEPUTY PRESIDENT EASTON	SYDNEY, 30 MAY 2023

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

1. Symbion Pty Ltd T/A Symbion (the Employer) has made an application for the approval of the Symbion Pty Ltd (NSW) Enterprise Agreement 2023 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

1. Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

1. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. I note that the following clauses are potentially inconsistent with the National Employment Standards (NES):

   • Clause 27.3 – Saturdays/Sundays/Public Holidays 
   • Clause 36 – Compassionate Leave/Bereavement Leave (Full Time and Part Time Staff)
   • Clause 41.2(e) – Termination of Employment (Full Time and Part Time Staff)

2. Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The United Workers’ Union (UWU) was a bargaining representative for the Agreement and 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 UWU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 June 2023. The nominal expiry date of the Agreement is 1 May 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A