DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Baxter Laboratories Pty Ltd
(AG2018/6358)

BAXTER LABORATORIES PTY LTD ENTERPRISE AGREEMENT 2018

Pharmaceutical industry
COMMISSIONER LEE	MELBOURNE, 27 MARCH 2019

Application for approval of the Baxter Laboratories Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Baxter Laboratories Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Baxter Laboratories 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 April 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Baxter Laboratories Pty Ltd sought approval of an Enterprise Agreement in the Fair Work Commission. The applicant, Baxter Laboratories, had reached an agreement with the relevant union, which sought to regulate the terms and conditions of employment for its employees. The legal issues that arose were whether the agreement met the statutory requirements for approval and whether it was in the best interests of the employees. The applicant argued that the agreement was fair and reasonable, while the union contended that certain provisions were unfair and should be disregarded.

The Commission considered whether the agreement contained the mandated provisions, including minimum wages and conditions, and whether it was made in good faith and without coercion. The Commission also assessed whether the agreement was likely to promote harmonious, productive and cooperative workplace relations. The Commission found that the agreement contained all the required provisions and was made in good faith. It was satisfied that the agreement would promote harmonious, productive and cooperative workplace relations and was in the best interests of the employees. The application for approval was subsequently granted.

The Fair Work Commission approved the Enterprise Agreement, finding that it met all statutory requirements and was in the best interests of the employees. The Commission ordered that the agreement be registered and made binding on the parties from the date of registration. The union's objections to certain provisions were dismissed, as the Commission found that the provisions were fair and reasonable.

Baxter Laboratories 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