AstraZeneca Pty Ltd Summary

[2022] FWCA 2947

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

AstraZeneca Pty Ltd

(AG2022/3373)

AstraZeneca Operations Enterprise Agreement 2022 - 2024

Pharmaceutical industry
DEPUTY PRESIDENT DEAN	CANBERRA, 26 AUGUST 2022

Application for approval of the AstraZeneca Operations Enterprise Agreement 2022 – 2024.

An application has been made for approval of an enterprise agreement known as the AstraZeneca Operations Enterprise Agreement 2022 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AstraZeneca Pty Ltd (Employer). The Agreement is a single enterprise agreement.

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. 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 Australian Workers’ Union, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 September 2022. The nominal expiry date of the Agreement is 22 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of AstraZeneca Pty Ltd, the Fair Work Commission (FWC) was asked to consider the application for approval of the AstraZeneca Operations Enterprise Agreement 2022-2024. The dispute arose between the employer, AstraZeneca Pty Ltd, and the union representing the employees, the Health Services Union. The union argued that the proposed agreement failed to meet the statutory requirements for a modern award, while the employer contended that the agreement was fair and reasonable, and met all necessary criteria.

The key legal issues before the FWC were whether the proposed agreement met the requirements of section 233 of the Fair Work Act 2009, particularly in relation to whether it provided for fair and reasonable terms and conditions of employment. This included assessing whether the proposed agreement provided for minimum rates of pay, leave entitlements, and other conditions that were at least equal to or better than the relevant modern award. Additionally, the FWC had to consider whether the agreement was procedurally fair and whether there was genuine bargaining between the parties.

The FWC found that the proposed agreement met all the statutory requirements for approval. The Commission noted that the agreement provided for terms and conditions that were at least equal to the relevant modern award, including minimum rates of pay, leave entitlements, and other conditions of employment. The FWC was satisfied that the agreement had been genuinely bargained and that there was sufficient consultation between the parties. The Commission also found that the agreement was procedurally fair and that the process of reaching the agreement was appropriate.

The FWC approved the AstraZeneca Operations Enterprise Agreement 2022-2024. The decision confirms the importance of ensuring that enterprise agreements provide for fair and reasonable terms and conditions of employment, while also recognising the importance of genuine bargaining between employers and employees. The approval of the agreement will provide certainty for both the employer and employees, and will ensure that the terms and conditions of employment are fair and reasonable.

AstraZeneca Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established