DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BIZsupport Pty Ltd T/A BIZsupport
(AG2017/2257)

ALKALOIDS OF AUSTRALIA EMPLOYEES’ COLLECTIVE AGREEMENT 2017

Pharmaceutical industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 27 SEPTEMBER 2017

Application for approval of the Alkaloids of Australia Employees’ Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Alkaloids of Australia Employees’ Collective Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BIZsupport Pty Ltd T/A BIZsupport. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement was approved on 27 September 2017 and, in accordance with s.54, will operate from 4 October 2017. The nominal expiry date of the Agreement is 4 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of BIZsupport Pty Ltd trading as BIZsupport, the Fair Work Commission was tasked with approving a proposed collective agreement between the employer and the employees. The dispute centred around the terms of the Alkaloids of Australia Employees' Collective Agreement 2017. The Commission was required to determine whether the agreement met the necessary standards under the Fair Work Act 2009 and whether it provided appropriate protections and benefits to the employees.

The legal issues before the Commission included the examination of the fairness and reasonableness of the proposed agreement's terms and conditions, ensuring they complied with the statutory requirements. The Commission also considered whether the agreement provided for proper dispute resolution mechanisms, adequate protections against unfair dismissal, and reasonable work arrangements that balanced the interests of both the employer and the employees.

The Commission carefully reviewed the proposed agreement, taking into account the principles of procedural and substantive fairness. It assessed whether the agreement's provisions were consistent with the broader objectives of the Fair Work Act, which include promoting high levels of employment, economic growth, and social inclusion. After thorough consideration, the Commission found that the proposed agreement met the necessary requirements and was in the best interests of the employees. The Commission approved the agreement, recognising its fairness and reasonableness.

No final orders were specified in the summary, but approval of the collective agreement suggests that it will now be binding on the parties involved, and any disputes must be resolved in accordance with its terms.

BIZsupport Pty Ltd T/A BIZsupport

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established