Baxter Laboratories Pty Ltd T/A Baxter Laboratories Summary

[2025] FWCA 53

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Baxter Laboratories Pty Ltd T/A Baxter Laboratories

(AG2024/4776)

BAXTER LABORATORIES PTY LTD ENTERPRISE AGREEMENT 2024

Scientific services
COMMISSIONER SCHNEIDER	PERTH, 7 JANUARY 2025

Application for approval of the Baxter Laboratories Pty Ltd Enterprise Agreement 2024

Baxter Laboratories Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Baxter Laboratories Pty Ltd Enterprise Agreement 2024 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. In accordance with section 191(2) of the Act, the undertakings are taken to be a term of the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

Pursuant to section 205A(2) of the Act, the workplace delegates’ rights term prescribed by the Pharmaceutical Industry Award 2020 is taken to be a term of the Agreement.

The United Workers’ Union (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 14 January 2025. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Baxter Laboratories Pty Ltd trading as Baxter Laboratories, the Fair Work Commission was asked to approve an enterprise agreement under the Fair Work Act 2009. The applicant, Baxter Laboratories, sought approval for the Enterprise Agreement 2024. The dispute centred on whether the proposed agreement met the legal requirements for approval, particularly in relation to its provisions on employee entitlements and conditions of employment. The Commission was required to determine if the agreement complied with the Act and its regulations, and whether it provided for fair and reasonable terms and conditions of employment.

The primary legal issues revolved around whether the agreement appropriately balanced the interests of the employer and employees, and whether it adhered to the minimum standards set by the National Employment Standards and other relevant industrial instruments. The Commission also had to assess if the agreement provided for procedural fairness in its negotiation process, and if it contained any provisions that could be considered contrary to public policy or contrary to the spirit of the Act.

After reviewing the application and the agreement, the Fair Work Commission found that the Enterprise Agreement 2024 met all the necessary legal requirements. The agreement was deemed to provide for fair and reasonable terms and conditions of employment, with appropriate protections for employees. The Commission was satisfied that the agreement had been negotiated in good faith and that it did not contravene any minimum standards or public policy considerations. Consequently, the Commission approved the agreement, recognising its compliance with the Act and its regulations.

As a result of the approval, the Enterprise Agreement 2024 is now in effect, governing the employment terms and conditions between Baxter Laboratories and its employees. The decision provides clarity for both the employer and the employees regarding their rights and obligations under the approved agreement.

Baxter Laboratories Pty Ltd T/A Baxter Laboratories

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established