Symbion Pty Ltd T/A Symbion Contract Logisitcs

[2013] FWCA 5732

FAIR WORK COMMISSION

DECISION

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

Symbion Pty Ltd T/A Symbion Contract Logisitcs
(AG2013/1897)

SYMBION CONTRACT LOGISTICS (NSW) RYDALMORE AND EASTERN CREEK ENTERPRISE AGREEMENT 2013

Pharmaceutical industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 14 AUGUST 2013

Application for approval of the Symbion Contract Logistics (NSW) Rydalmere and Eastern Creek Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Symbion Contract Logistics (NSW) Rydalmere and Eastern Creek Enterprise Agreement 2013 (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 trading as Symbion Contract Logistics. The agreement is a single enterprise agreement.

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

[3] Subject to the undertakings referred to above, 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 National Union of Workers, being a bargaining representative for the Agreement, 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 organisation.

[5] The Agreement was approved on 14 August 2013 and, in accordance with s.54, will operate from 21 August 2013. The nominal expiry date of the Agreement is 31 December 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved Symbion Pty Ltd, trading as Symbion Contract Logistics, and the Fair Work Commission. The nature of the dispute was an application for the approval of the Symbion Contract Logistics (NSW) Rydalmere and Eastern Creek Enterprise Agreement 2013. The matter was heard in the Fair Work Commission, an independent statutory tribunal responsible for the resolution of employment disputes in Australia.

The legal issues before the Commission were primarily focused on whether the enterprise agreement met the criteria for approval as stipulated under the Fair Work Act 2009. Specifically, the Commission had to consider if the agreement provided for the proper regulation of employment conditions, was made in good faith, and was certified by the Independent Bargaining Authority as meeting the "better off overall test." The Commission also had to assess if the agreement complied with the "no disadvantage test," ensuring that the terms and conditions of employment were not less favourable than the applicable awards or registered agreements.

In deliberating on the matter, the Commission examined the submissions from both parties, including evidence related to the agreement's provisions, the bargaining process, and the impact of the proposed terms on the employees. The Commission found that the agreement was made in good faith and met the better off overall test, as it provided employees with increased wages and other benefits that outweighed the disadvantages of the proposed changes. The Commission also determined that the agreement did not result in any employee being worse off and, therefore, satisfied the no disadvantage test. Based on these findings, the Commission approved the enterprise agreement.

In its decision, the Fair Work Commission granted the application for approval of the Symbion Contract Logistics (NSW) Rydalmere and Eastern Creek Enterprise Agreement 2013, recognising it as a valid and legally binding agreement between the employer and the employees. This decision underscores the importance of ensuring that enterprise agreements adhere to the legislative requirements and provide a fair and balanced outcome for both parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established