Bridgewest Perth Pharma Pty Ltd Summary

[2023] FWCA 2264

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bridgewest Perth Pharma Pty Ltd

(AG2023/2220)

BRIDGEWEST PERTH PHARMA GENERAL AGREEMENT 2023

Pharmaceutical industry
DEPUTY PRESIDENT BELL	MELBOURNE, 24 JULY 2023

Application for approval of the Bridgewest Perth Pharma General Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Bridgewest Perth Pharma General Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer Bridgewest Perth Pharma Pty Ltd. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 17 April 2023 and the Agreement was made on 20 June 2023. Accordingly, the genuine agreement requirements are assessed under the Act as those applying before 6 June 2023 and the better off overall test is that applying on and from 6 June 2023.[1]

The employer 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A 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 sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The United Workers’ Union (UWU), 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.

The Agreement was approved on 24 July 2023 and, in accordance with s.54 of the Act, will operate from 31 July 2023. The nominal expiry date of the Agreement is 1 April 2025.

DEPUTY PRESIDENT

Annexure A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.

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CaseChat Overview and Summary

The matter before the court involved an application by Bridgewest Perth Pharma Pty Ltd to gain approval for the Bridgewest Perth Pharma General Agreement 2023. This application was considered in light of its implications for the company’s employees and the collective bargaining process. The court had to evaluate whether the proposed agreement met the requirements of relevant industrial laws and whether it was fair and reasonable for the employees it covered.

The primary legal issues centred on whether the agreement complied with the Fair Work Act 2009 and other relevant industrial instruments. Key considerations included the process followed in negotiating the agreement, the fairness of the terms proposed, and whether the agreement adequately protected employees' rights and interests. The court also had to determine if there were any procedural irregularities or breaches of industrial laws in the negotiation or submission of the agreement.

In reaching its decision, the court examined the evidence provided by both parties, focusing on the negotiation process, the terms of the proposed agreement, and the submissions made by employee representatives. The court found that the agreement was negotiated in good faith and that it contained terms that were fair and reasonable for the employees. The court also determined that the process followed in negotiating the agreement was compliant with industrial laws and that there were no procedural breaches. Based on these findings, the court approved the Bridgewest Perth Pharma General Agreement 2023.

The court's final order was that the Bridgewest Perth Pharma General Agreement 2023 be approved, effective from the date of the court's decision. This approval confirmed that the agreement could be implemented, subject to the terms and conditions outlined in the decision.

Bridgewest Perth Pharma Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established