| [2025] FWCA 936 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Catalent Australia Pty Ltd trading as Blackmores Manufacturing Australia
(AG2025/629)
CATALENT AUSTRALIA PTY LTD TRADING AS BLACKMORES MANUFACTURING ENTERPRISE AGREEMENT 2024
| Pharmaceutical industry | |
| DEPUTY PRESIDENT O’NEILL | MELBOURNE, 17 MARCH 2025 |
Application for approval of the Catalent Australia Pty Ltd trading as Blackmores Manufacturing Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Catalent Australia Pty Ltd (trading as Blackmores Manufacturing) Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Catalent Australia Pty Ltd trading as Blackmores Manufacturing Australia. The Agreement is a single enterprise agreement.
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 (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 UWU support approval of the Agreement.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 March 2025. The nominal expiry date of the Agreement is 30 June 2027.
DEPUTY PRESIDENT
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- AGLC
- Catalent Australia Pty Ltd trading as Blackmores Manufacturing Australia [2025] FWCA 936
- Case
- [2025] FWCA 936
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission centred on whether the enterprise agreement complied with the requirements set out in the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the criteria for "registered" status, including whether it provided for the minimum entitlements, dealt with the terms and conditions of employment fairly and reasonably, and was certified by an independent person as meeting the "better off overall test". The Commission also needed to consider any objections raised by interested parties and assess if the agreement was procedurally sound.
In assessing the application, the Commission considered the provisions of the agreement, the certification process, and the submissions of the parties. The Commission found that the agreement comprehensively addressed the prescribed terms and conditions of employment, provided for the minimum entitlements, and was certified as meeting the better off overall test. The Commission noted that there were no valid objections raised by any party that would impede the approval of the agreement. Given these findings, the Commission was satisfied that the agreement was fair and reasonable, and approved it accordingly.
The Fair Work Commission approved the Catalent Australia Pty Ltd trading as Blackmores Manufacturing Enterprise Agreement 2024, making it a registered agreement effective from the date of the Commission's approval. This decision ensures that the terms and conditions set out in the agreement will govern the employment relationship between the employer and the employees covered by the agreement, providing a framework for resolving workplace issues and ensuring compliance with the Fair Work Act 2009.
Orders
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Background
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Evidence
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