DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aspen Pharma Pty Ltd
(AG2015/4869)

ASPEN PHARMA PTY LTD ENGINEERING AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 17 SEPTEMBER 2015

Application for approval of the Aspen Pharma Pty Ltd Engineering Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Aspen Pharma Pty Ltd Engineering Agreement 2014 (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 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 17 September 2015 and, in accordance with s.54, will operate from 24 September 2015. The nominal expiry date of the Agreement is 31 January 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved Aspen Pharma Pty Ltd, which sought approval for an engineering agreement dated 2014. The application was brought under the relevant provisions of the Fair Work Act 2009, which governs the certification of enterprise agreements in Australia. The primary dispute centred around whether the agreement met the necessary criteria for approval, including whether it provided for fair and reasonable terms for the employees involved.

The central legal issues that the court had to resolve were whether the proposed agreement contained all the required terms as specified by the Fair Work Act and whether it provided for fair and reasonable terms and conditions of employment. Specifically, the court needed to determine if the agreement satisfied the statutory requirements for employee representation and if the terms were equitable, taking into account the interests of both the employer and the employees.

In delivering its judgment, the court carefully reviewed the contents of the agreement against the statutory requirements. It examined whether the agreement included the mandatory terms prescribed by the Act and whether it allowed for fair and reasonable terms. The court concluded that the agreement, as proposed, did meet the legislative criteria and was fair and reasonable, considering the specific circumstances of the workplace. The court emphasised the importance of the agreement's alignment with statutory requirements and its equitable nature in reaching its decision.

The court approved the Aspen Pharma Pty Ltd Engineering Agreement 2014, subject to the terms being implemented as per the agreement. The approval was granted on the basis that the agreement met all statutory requirements and provided fair and reasonable terms for the employees involved. This decision ensures that the agreement can proceed to the next steps in the certification process, subject to any further requirements or conditions imposed by the Fair Work Commission.

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