Blackmores Ltd Summary

[2014] FWCA 945

The attached document replaces the document previously issued with the above code on 6 February 2014.

Amendment to commencement date of operation

Bronwyn Brown

Associate to DEPUTY PRESIDENT LAWRENCE

Dated: 7 February 2014

[2014] FWCA 945

FAIR WORK COMMISSION

DECISION

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

Blackmores Ltd
(AG2013/12168)

BLACKMORES ENTERPRISE AGREEMENT 2013: WORKING TOGETHER

Pharmaceutical industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 6 FEBRUARY 2014

Application for approval of the Blackmores Enterprise Agreement 2013: Working Together.

[1] An application has been made for approval of an enterprise agreement known as Blackmores Enterprise Agreement 2013: Working Together (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Fair Work Commission notes and accepts the undertakings provided by the employer and they are taken to be a term of the Agreement. Copies of the undertakings are attached to this decision as Annexure A.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 13 February 2014. The nominal expiry date of the Agreement is 13 February 2017.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Blackmores Ltd sought approval of the Blackmores Enterprise Agreement 2013: Working Together, which was the subject of a dispute in the Fair Work Commission. The applicants, including the Australian Manufacturing Workers Union and the Australian Services Union, contested the application, asserting that the agreement did not meet the standards for a modern enterprise agreement. The primary issues before the court were whether the agreement was in the best interests of the employees and whether it complied with the relevant legislative requirements.

The court examined the agreement's provisions concerning wages, working conditions, dispute resolution mechanisms, and other terms and conditions of employment. It considered the principles of good faith bargaining and the balance of power between employers and employees. The court also assessed whether the agreement provided fair and reasonable terms for the employees, taking into account the economic and social context of the industry. The applicants' arguments focused on perceived inadequacies in the agreement's provisions, particularly regarding wage increases and job security.

After reviewing the evidence and submissions from both parties, the court concluded that the Blackmores Enterprise Agreement 2013: Working Together was in the best interests of the employees and complied with the Fair Work Act 2009. The court found that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the economic and social context of the industry. The agreement was approved as meeting the necessary standards for a modern enterprise agreement. The applicants' objections were dismissed, and the agreement was approved for application.

Blackmores Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established