DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aspen Pharma Pty Ltd
(AG2015/4537)

ASPEN PHARMA/NUW (DANDENONG, VICTORIA) ENTERPRISE AGREEMENT 2015

Pharmaceutical industry
COMMISSIONER ROE	MELBOURNE, 13 AUGUST 2015

Application for approval of the Aspen Pharma/NUW (Dandenong, Victoria) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Aspen Pharma/NUW (Dandenong, Victoria) Enterprise Agreement 2015 (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] The National Union of Workers 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.

[5] The Agreement was approved on 13 August 2015 and, in accordance with s.54, will operate from 20 August 2015. The nominal expiry date of the Agreement is 31 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of the Aspen Pharma/NUW (Dandenong, Victoria) Enterprise Agreement 2015. The applicant, Aspen Pharma, sought the approval of the agreement to determine the terms and conditions of employment for its employees in the Dandenong, Victoria site, represented by the National Union of Workers (NUW). The Commission was tasked with ensuring the agreement met the criteria set out in the Fair Work Act 2009.

The primary legal issue for the Commission to address was whether the agreement complied with the requirements of the Fair Work Act. This included determining if the agreement provided for the employees' minimum entitlements, whether it had been negotiated in good faith, and if the agreement was in the best interests of the employees. Additionally, the Commission had to consider whether the agreement facilitated a productive workplace relationship between the employer and employees.

In reaching its decision, the Commission assessed the agreement against the statutory criteria. It found that the agreement provided for all the employees’ minimum entitlements, as mandated by the Act. Furthermore, the Commission was satisfied that the agreement had been negotiated in good faith and was in the best interests of the employees. The Commission also concluded that the agreement would facilitate a productive workplace relationship by providing a framework for resolving disputes and addressing workplace issues effectively. Based on these findings, the Commission approved the agreement, recognising its compliance with the statutory requirements and its potential to foster a productive workplace environment.

The Fair Work Commission approved the Aspen Pharma/NUW (Dandenong, Victoria) Enterprise Agreement 2015, confirming its compliance with the Fair Work Act and its potential to support a productive workplace relationship. The approval ensures that the agreement will govern the terms and conditions of employment for the employees at the Dandenong, Victoria site, providing a framework for addressing workplace issues and resolving disputes.

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