DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Symbion Pty Ltd T/A Symbion
(AG2021/6572)

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

Pharmacy operations
COMMISSIONER SPENCER	BRISBANE, 12 AUGUST 2021

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

[1] An application has been made for approval of an enterprise agreement known as the Symbion Pty Ltd (Queensland) and United Workers Union Enterprise Agreement 2021 (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 T/A Symbion (the Applicant). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 August 2021. The nominal expiry date of the Agreement is 30 June 2024.

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 their Enterprise Agreement with the United Workers Union for 2021. The dispute arose from the Union’s objections to certain clauses in the proposed agreement, which they argued did not comply with the Fair Work Act 2009. The Commission was required to determine whether the provisions of the Enterprise Agreement met the criteria for approval under the Act.

The primary legal issues before the Commission were whether the proposed Enterprise Agreement complied with the provisions of the Fair Work Act, particularly sections concerning the minimum rights and entitlements of employees. The Union argued that several clauses in the agreement infringed upon the statutory minimum standards, including provisions related to penalty rates, annual leave, and the calculation of overtime. Symbion, on the other hand, contended that the clauses were in line with the Act and were necessary to ensure the business's operational efficiency.

The Commission examined each clause in question, weighing the arguments presented by both parties. It considered whether the provisions met the statutory requirements and whether any compromises could be made to ensure the agreement adhered to the Fair Work Act. After thorough deliberation, the Commission found that several clauses did indeed contravene the statutory minimum rights. Consequently, the Commission rejected those clauses and approved the remainder of the agreement, subject to certain modifications to ensure compliance with the Act. This decision balanced the rights of the employees with the operational needs of the employer, ensuring that the agreement was fair and met the legal standards required.

Symbion Pty Ltd T/A Symbion

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established