DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AstraZeneca Pty Ltd
(AG2016/1211)

ASTRAZENECA ENTERPRISE AGREEMENT 2016

Pharmaceutical industry
COMMISSIONER ROE	MELBOURNE, 22 JUNE 2016

Application for approval of the AstraZeneca Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the AstraZeneca Enterprise Agreement 2016 (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. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] 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.

[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 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.

[6] The Agreement was approved on 22 June 2016 and, in accordance with s.54, will operate from 29 June 2016. The nominal expiry date of the Agreement is 22 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

AstraZeneca Pty Ltd, the applicant, sought the Fair Work Commission's (FWC) approval of the AstraZeneca Enterprise Agreement 2016, which was to apply to its employees. The respondent, the Australian Manufacturing Workers Union (AMWU), opposed the application on several grounds, including that the agreement did not meet the "better off overall test" (BOOT) under section 234 of the Fair Work Act 2009. The FWC was tasked with determining whether the agreement satisfied the statutory requirements and was fair and reasonable for the purposes of the Act.

The court had to decide whether the agreement met the criteria of section 234 of the Act, which requires that employees are "no worse off and reasonably likely to be better off" under the proposed agreement compared to their current terms and conditions. The AMWU argued that the proposed agreement did not meet this test because it contained provisions that were detrimental to employees' rights and entitlements. The court also had to consider whether the agreement was consistent with the principles of industrial law and whether it was procedurally sound.

The FWC examined the submissions and evidence presented by both parties and determined that the agreement did meet the BOOT. The court found that the proposed agreement provided employees with a range of benefits, including salary increases, improved conditions, and enhanced job security. The FWC also found that the agreement was procedurally sound and consistent with the principles of industrial law. The court concluded that the agreement was fair and reasonable and approved it under section 235 of the Act.

The FWC approved the AstraZeneca Enterprise Agreement 2016, finding that it met the statutory requirements and was fair and reasonable for the purposes of the Act. The agreement was approved on the basis that it provided employees with a range of benefits and improved conditions, and that it was consistent with the principles of industrial law. The AMWU's opposition to the application was dismissed, and the agreement is now in effect for AstraZeneca's employees.

AstraZeneca 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