| [2024] FWCA 2302 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
AstraZeneca Pty Ltd
(AG2024/1791)
ASTRAZENECA OPERATIONS ENTERPRISE AGREEMENT 2024 - 2027
| Pharmaceutical industry | |
| DEPUTY PRESIDENT SAUNDERS | NEWCASTLE, 20 JUNE 2024 |
Application for approval of the AstraZeneca Operations Enterprise Agreement 2024 - 2027
An application has been made for approval of an enterprise agreement known as the AstraZeneca Operations Enterprise Agreement 2024 - 2027 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:
(a) cause financial detriment to any employee covered by the Agreement; or
(b) result in substantial changes to the Agreement.
The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.
Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.
Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 27 June 2024. The nominal expiry date of the Agreement is 22 June 2027.
The Australian Workers Union, being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the Australian Workers Union.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE525130 PR776241>
Annexure A
- AGLC
- AstraZeneca Pty Ltd [2024] FWCA 2302
- Case
- [2024] FWCA 2302
- Decision Date
CaseChat Overview and Summary
The legal issues before the court revolved around the provisions of the Fair Work Act, particularly sections 230 and 231, which require that enterprise agreements must be "fair and reasonable" and must not undermine the protections afforded by the Fair Work Act. The court had to consider whether the proposed agreement met these criteria and whether it provided for appropriate minimum wages, conditions, and dispute resolution mechanisms.
In its decision, the Fair Work Commission carefully examined the provisions of the proposed agreement, assessing whether it provided for fair and reasonable terms and conditions of employment. The court found that the agreement contained provisions that met the requirements of the Fair Work Act and were fair and reasonable for the employees. The agreement provided for minimum wages that aligned with the relevant award, included provisions for leave and other entitlements, and established a fair process for resolving disputes. Consequently, the court approved the agreement, acknowledging that it complied with the necessary legal standards and would benefit the employees involved.
The final orders of the Fair Work Commission approved the AstraZeneca Operations Enterprise Agreement 2024 - 2027. This decision ensures that the agreement will be applicable to the employees, providing them with a framework for their terms and conditions of employment for the next four years. The approval reflects the court's determination that the agreement is fair and reasonable, and compliant with the provisions of the Fair Work Act.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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