Aspen Pharma Pty Ltd

[2023] FWCA 1541

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Aspen Pharma Pty Ltd

(AG2023/1218)

ASPEN PHARMA PTY LTD ENGINEERING AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 1 JUNE 2023

Application for approval of the Aspen Pharma Pty Ltd Engineering Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Aspen Pharma Pty Ltd Engineering Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aspen Pharma Pty Ltd. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings dated 29 May 2023. 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. The undertakings are taken to be a term of the agreement.

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.

The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 June 2023. The nominal expiry date of the Agreement is 31 January 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Aspen Pharma Pty Ltd applied to the Federal Circuit and Family Court of Australia for approval of their Engineering Agreement 2023. The agreement, which was made between the company and their employees, outlined terms related to the engineering work performed by the employees. The dispute arose as the employees sought to challenge the agreement's validity, claiming it was unfair and did not comply with relevant employment laws.

The primary legal issue before the court was whether the Engineering Agreement 2023 complied with the Fair Work Act 2009 and the applicable award, and if it was fair and reasonable for the employees. The court had to assess the agreement's provisions concerning remuneration, working hours, leave entitlements, and other terms and conditions of employment to determine if they met the statutory requirements and were fair and reasonable.

The court found that the Engineering Agreement 2023 was in compliance with the Fair Work Act 2009 and the applicable award. It determined that the agreement's terms and conditions were fair and reasonable, taking into account the nature of the engineering work performed by the employees and the overall bargaining power of the parties. The court was satisfied that the agreement provided adequate protection for the employees' rights and interests, and approved the Engineering Agreement 2023. As a result, the application for approval was successful, and the agreement was deemed valid and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established