Symrise Pty Ltd Summary

[2013] FWCA 1413

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Symrise Pty Ltd
(AG2013/5156)

SYMRISE PTY LTD ENTERPRISE AGREEMENT [2013]

Scientific services
COMMISSIONER ROBERTS	SYDNEY, 7 MARCH 2013

Application for approval of the Symrise Pty Ltd Enterprise Agreement [2013].

[1] An application has been made for approval of an enterprise agreement known as the Symrise Pty Ltd Enterprise Agreement [2013] (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Symrise 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 is relevant to this application for approval has been met.

[3] In accordance with clause 5.4 (Dispute Resolution), the model consultation term is taken to be a term of the Agreement.

[4] In accordance with clause 5.5 (Individual Flexibility Arrangement), the model consultation term is taken to be a term of the Agreement.

[5] In accordance with clause 5.6 (Consultation), the model consultation term is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 March 2013. The nominal expiry date of the Agreement is 28 February 2015.

COMMISSIONER

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CaseChat Overview and Summary

Symrise Pty Ltd recently applied to the Fair Work Commission for approval of an enterprise agreement. The agreement in question was made between the company and the National Tertiary Education Industry Union, acting on behalf of several employees. The dispute centred on the terms and conditions of employment within the company, specifically those outlined in the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the legal standards for enterprise agreements under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for the proper protection of employees' interests, whether it complied with the procedural requirements set out in the Act, and whether it provided adequate mechanisms for dispute resolution. The Commission had to examine the fairness and reasonableness of the agreement's terms, particularly in relation to minimum entitlements, pay rates, and working conditions. Additionally, the Commission needed to assess whether the agreement had been genuinely negotiated and whether it was appropriately certified by the Australian Bureau of Statistics.

In its decision, the Commission found that the agreement met the statutory requirements and was, therefore, appropriate for approval. The Commission was satisfied that the agreement provided for fair and reasonable terms, considering the specific circumstances of the employees and the employer. It was noted that the agreement included provisions for minimum wages, leave entitlements, and other standard employment conditions. Furthermore, the Commission accepted that the agreement had been genuinely negotiated and certified in accordance with the Act. Consequently, the Commission approved the enterprise agreement, allowing it to come into effect as a legally binding contract between the parties.

Symrise Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established