DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Symbion Pty Ltd T/A Symbion Pty Ltd
(AG2020/3373)

SYMBION PTY LTD (WESTERN AUSTRALIA) WAREHOUSE AGREEMENT 2020

Pharmaceutical industry
COMMISSIONER WILLIAMS	PERTH, 30 NOVEMBER 2020

Application for approval of the Symbion Pty Ltd (Western Australia) Warehouse Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Symbion Pty Ltd (Western Australia) Warehouse Agreement 2020 (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.

[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 Shop, Distributive and Allied Employees Association, 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) of the Act I note that the Agreement covers the organisation.

[4] The United Workers’ Union, 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) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 December 2020. The nominal expiry date of the Agreement is 30 September 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Symbion Pty Ltd, trading as Symbion Pty Ltd, sought approval of the Symbion Pty Ltd (Western Australia) Warehouse Agreement 2020. The application was heard in the Fair Work Commission, which was required to determine whether the agreement complied with the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the statutory requirements for an enterprise agreement, particularly concerning the coverage of employees and the process through which the agreement was negotiated.

The primary legal issues before the Commission were whether the agreement was made in good faith and whether it covered the appropriate employees. Symbion argued that the agreement was negotiated with genuine intent and that it covered all relevant employees. Conversely, the opposing party contested that the agreement did not reflect good faith negotiations and that it improperly excluded certain employees. The Commission needed to assess these contentions against the provisions of the Fair Work Act.

The Fair Work Commission found that Symbion had demonstrated that the agreement was negotiated in good faith. The Commission also determined that the agreement appropriately covered all relevant employees, satisfying the statutory criteria. Consequently, the Commission approved the Symbion Pty Ltd (Western Australia) Warehouse Agreement 2020, concluding that it complied with all necessary legal requirements. The Commission's decision was based on a detailed examination of the negotiation process and the inclusivity of the employee coverage as outlined in the agreement.

Symbion Pty Ltd T/A Symbion Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established