AstraZeneca Pty Ltd

[2013] FWCA 560

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

AstraZeneca Pty Ltd
(AG2012/13005)

ASTRAZENECA ENTERPRISE AGREEMENT 2012

Pharmaceutical industry
COMMISSIONER RIORDAN	SYDNEY, 23 JANUARY 2013

Application for approval of the AstraZeneca Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known asthe AstraZeneca Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the AstraZeneca Pty Ltd (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Australian Workers Union, Greater New South Wales Branch(the Union) has given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is three years after the date of approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves AstraZeneca Pty Ltd, an employer, and its employees, who are members of the Health Services Union of Australia. The dispute centres around the proposed AstraZeneca Enterprise Agreement 2012, which seeks to govern the terms and conditions of employment for the employees. The matter was heard in the Fair Work Commission (FWC), the body responsible for resolving workplace disputes and ensuring fair work practices in Australia.

The primary legal issue the FWC addressed was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing whether the agreement provided for the fair and equitable treatment of employees, covered essential terms and conditions, and was free from any discriminatory provisions. The FWC had to determine if the agreement was in the best interests of the employees and if it complied with the statutory requirements set out in the Act.

In delivering its decision, the FWC carefully examined the provisions of the proposed agreement, considering the input from both parties and the broader implications for the workforce. The Commission found that the agreement was fair and reasonable, as it provided for adequate pay and conditions, included mechanisms for dispute resolution, and did not include any discriminatory terms. The FWC concluded that the agreement was in the best interests of the employees and met all the necessary criteria for approval. Consequently, the FWC approved the AstraZeneca Enterprise Agreement 2012.

The final orders of the FWC included the approval of the AstraZeneca Enterprise Agreement 2012, effective from the date of the decision. The agreement was to be implemented, and the terms and conditions outlined therein were to govern the employment of the employees moving forward. The FWC's decision provided clarity and certainty for both AstraZeneca and its employees, ensuring that the new agreement would be upheld and enforced.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established