DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aspen Pharma Pty Ltd
(AG2019/1862)

ASPEN PHARMA/NUW (DANDENONG, VICTORIA) ENTERPRISE AGREEMENT 2019

Pharmaceutical industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 JUNE 2019

Application for approval of the Aspen Pharma/NUW (Dandenong, Victoria) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Aspen Pharma/NUW (Dandenong, Victoria) Enterprise Agreement 2019 (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.

[2] The Employer 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Union of Workers (NUW) 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2019. The nominal expiry date of the Agreement is 31 January 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Aspen Pharma Pty Ltd and the National Union of Workers (NUW). The matter was before the Fair Work Commission, which was asked to approve the proposed Enterprise Agreement between the parties for the Dandenong, Victoria, site. The agreement aimed to regulate the terms and conditions of employment for the employees of Aspen Pharma at the site. The legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and if it met the requirements of a certified agreement under the Act.

The Commission examined the provisions of the proposed agreement, including the terms relating to wages, hours of work, and other employment conditions. It considered the balance of the agreement, whether it provided for a fair and reasonable outcome for both parties, and if it complied with the statutory requirements of the Fair Work Act. The Commission also considered the submissions made by both parties and any relevant precedents. After careful consideration, the Commission found that the agreement was fair and reasonable and complied with the relevant statutory requirements.

The Commission approved the proposed Enterprise Agreement between Aspen Pharma Pty Ltd and the NUW for the Dandenong, Victoria, site. The agreement was deemed to be in the best interests of both parties and met the requirements of a certified agreement under the Fair Work Act. The Commission's decision was based on its finding that the agreement provided for a fair and reasonable outcome for both parties and complied with the relevant statutory requirements. The final orders of the Commission included the approval of the agreement, which would now regulate the terms and conditions of employment for the employees of Aspen Pharma at the Dandenong, Victoria, site.

Aspen Pharma 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