DECISION

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

Delta Laboratories Pty Limited T/A Delta Laboratories Pty Limited
(AG2019/257)

DELTA LABORATORIES PTY LTD ENTERPRISE AGREEMENT 2019

Pharmaceutical industry
DEPUTY PRESIDENT BULL	SYDNEY, 16 JULY 2019

Application for approval of the Delta Laboratories Pty Ltd Enterprise Agreement 2019.

[1] An application (Form F16) has been filed by Delta Laboratories Pty Limited T/A Delta Laboratories Pty Limited(the applicant) for the approval of an enterprise agreement known as the Delta Laboratories Pty Ltd Enterprise Agreement 2019 (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 as per s.172(2) of the Act.

[2] The Employer has provided written undertakings regarding the following:

• Definition of a shift worker; and

• Abandonment of employment.

[3] A copy of the undertakings is attached at the end of the Agreement. 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 4 years from the date of approval.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Delta Laboratories Pty Limited T/A Delta Laboratories Pty Limited applied to the Fair Work Commission for approval of an enterprise agreement. The application was made under the Fair Work Act 2009. The nature of the dispute centred around the terms of the proposed agreement, including wages, conditions of employment, and other employment-related matters.

The primary legal issues the court had to address were whether the agreement complied with the statutory requirements and whether it was fair and reasonable for the employees it covered. The court needed to consider whether the agreement provided for fair and reasonable terms and conditions, and whether it was appropriately negotiated and did not unfairly discriminate against any class of employees.

The court examined the negotiation process and the content of the agreement to ensure it met the legislative criteria. It considered whether the agreement provided for the minimum entitlements set out in the Fair Work Act and whether it contained terms that were not less favourable than those provided for in the relevant awards or other agreements. The court also assessed whether the agreement was appropriately negotiated and whether it included adequate provisions for dispute resolution. Ultimately, the court was satisfied that the agreement met the necessary statutory requirements and was fair and reasonable for the employees involved. It approved the application for the enterprise agreement to be registered.

The court's final orders were that the Delta Laboratories Pty Limited Enterprise Agreement 2019 be approved and registered under the Fair Work Act 2009. This decision allows the agreement to come into effect and govern the employment terms and conditions of the employees covered by it.

Delta Laboratories Pty Limited T/A Delta Laboratories Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established