Symbion Pty Ltd T/A Symbion Summary

[2021] FWCA 5847

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Symbion Pty Ltd T/A Symbion
(AG2021/6945)

SYMBION PTY LTD (TASMANIA) AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2021

Pharmaceutical industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 16 SEPTEMBER 2021

Application for approval of the Symbion Pty Ltd (Tasmania) and United Workers Union Enterprise Agreement 2021

[1] Symbion Pty Ltd T/A Symbion (the Employer) has made an application for approval of an enterprise agreement known as the Symbion Pty Ltd (Tasmania) and United Workers Union Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 16 September 2021 and, in accordance with s 54, will operate from 23 September 2021. The nominal expiry date of the Agreement is 30 November 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Symbion Pty Ltd, trading as Symbion, applied for approval of their enterprise agreement with the United Workers Union. The matter was heard in the Fair Work Commission. The central issue before the Commission was whether the agreement met the statutory requirements for approval, particularly concerning the provision of appropriate benefits, fairness, and compliance with the Fair Work Act 2009. The Commission needed to assess whether the agreement provided a safety net of minimum entitlements, whether it was procedurally fair, and if it complied with the legislative framework governing enterprise agreements.

The Commission began its analysis by examining the contents of the agreement to ensure that it provided for minimum entitlements as required by the Fair Work Act. It found that the agreement contained provisions that met or exceeded the safety net provisions, providing appropriate benefits to the employees. Next, the Commission evaluated the procedural fairness of the bargaining process. It found that the process was conducted in a manner that was free from coercion, duress, or other forms of unfair conduct. Furthermore, the agreement was found to be compliant with all relevant provisions of the Fair Work Act. The Commission concluded that the agreement was appropriately negotiated and contained provisions that were fair and reasonable.

As a result, the Fair Work Commission approved the Symbion Pty Ltd (Tasmania) and United Workers Union Enterprise Agreement 2021. The Commission determined that the agreement met all the statutory requirements for approval and was in the best interests of the employees and the employer. The final orders included the approval of the enterprise agreement, effective from the date of the decision.

Symbion Pty Ltd T/A Symbion

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established