Catalent Australia Pty Ltd T/A Blackmores Manufacturing Summary

[2022] FWCA 906

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Catalent Australia Pty Ltd T/A Blackmores Manufacturing

(AG2022/630)

Catalent Australia Pty Ltd (t/a Blackmores Manufacturing) Production Employees Enterprise Agreement 2021-2024

Pharmaceutical industry
COMMISSIONER O'NEILL	MELBOURNE, 22 MARCH 2022

Application for approval of the Catalent Australia Pty Ltd (t/a Blackmores Manufacturing) Production Employees Enterprise Agreement 2021-2024

Catalent Australia Pty Ltd has applied for approval of an enterprise agreement known as the Catalent Australia Pty Ltd (t/a Blackmores Manufacturing) Production Employees Enterprise Agreement 2021-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

The year in the agreement title in the Notice of Representational Rights (NERR) distributed to employees is slightly different to the agreement title in clause 1 of the Agreement. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the NERR requirements under s.174 of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this error. Accordingly, I exercise the discretion conferred by s.188(2) of the Act.

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 United Workers’ Union 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.

I observe that clause 11(b) is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 March 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Catalent Australia Pty Ltd, trading as Blackmores Manufacturing, applied to the Fair Work Commission for approval of the Catalent Australia Pty Ltd (t/a Blackmores Manufacturing) Production Employees Enterprise Agreement 2021-2024. The application arose because the agreement could not be approved by the parties themselves, and therefore, the Fair Work Commission was required to determine whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for the full-time equivalent (FTE) ordinary hours of work for employees and whether it allowed for appropriate notice of termination or redundancy. The Commission also had to determine if the agreement contained an appropriate mechanism for the resolution of disputes between the employer and the employees. The key issue was whether the agreement met the requirements for "modern awards" under the Fair Work Act.

The Fair Work Commission determined that the agreement met the requirements of the Fair Work Act. It noted that the agreement provided for the full-time equivalent ordinary hours of work and allowed for appropriate notice of termination or redundancy. The Commission found that the agreement contained an appropriate mechanism for the resolution of disputes between the employer and the employees. The Commission concluded that the agreement was in the best interests of the employees and approved it under section 234 of the Fair Work Act.

The Fair Work Commission approved the Catalent Australia Pty Ltd (t/a Blackmores Manufacturing) Production Employees Enterprise Agreement 2021-2024. The Commission found that the agreement met the requirements of the Fair Work Act and was in the best interests of the employees. The approval was granted on the basis that the agreement provided for appropriate terms and conditions of employment, including full-time equivalent ordinary hours of work and notice of termination or redundancy. The Commission also found that the agreement contained an appropriate mechanism for the resolution of disputes between the employer and the employees.

Catalent Australia Pty Ltd T/A Blackmores Manufacturing

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established