DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Baxter Laboratories Pty Ltd
(AG2015/4414)

BAXTER LABORATORIES PTY LTD ENTERPRISE AGREEMENT 2015

Pharmaceutical industry
COMMISSIONER ROE	MELBOURNE, 31 AUGUST 2015

Application for approval of the Baxter Laboratories Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Baxter Laboratories Pty Ltd Enterprise Agreement 2015 (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. 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] 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 was approved on 31 August 2015 and, in accordance with s.54, will operate from 7 September 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Baxter Laboratories Pty Ltd, an employer, and various unions representing its employees. The dispute centred on the application for approval of the Baxter Laboratories Pty Ltd Enterprise Agreement 2015. The application was heard by the Fair Work Commission. The central legal issues revolved around whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it was made in good faith and without coercion. The Commission needed to determine if the agreement met the statutory requirements for approval and if it was fair and reasonable in all its terms.

The Fair Work Commission carefully examined the contents of the enterprise agreement, considering the principles of good faith bargaining and the statutory requirements for approval. It assessed whether the agreement provided for minimum terms and conditions, including those related to wages and other employment conditions. The Commission also evaluated if the agreement was made without any form of coercion and if it was fair and reasonable in all its terms, taking into account the interests of both the employer and the employees. After thorough analysis, the Commission found that the agreement did meet the statutory requirements and was made in good faith.

As a result, the Fair Work Commission approved the Baxter Laboratories Pty Ltd Enterprise Agreement 2015. This decision confirmed the agreement's validity and allowed it to be implemented as a legally binding contract between the employer and the employees represented by the unions. The approval signified that the agreement complied with all necessary legal standards and was fair and reasonable for both parties involved.

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