DoseAid Pty Ltd

[2022] FWCA 3242

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

DoseAid Pty Ltd

(AG2022/3493)

DoseAid Pty Ltd Enterprise Agreement 2022

Pharmaceutical industry
COMMISSIONER HUNT	BRISBANE, 16 SEPTEMBER 2022

Application for approval of the DoseAid Pty Ltd Enterprise Agreement 2022

DoseAid Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the DoseAid Pty Ltd Enterprise Agreement 2022 (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.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The United Workers Union (UWU) responded to Chambers expressing that it endorses the undertakings.

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.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The 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) of the Act I note that the Agreement covers the UWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 September 2022. The nominal expiry date of the Agreement is 1 July 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

CaseChat Overview and Summary

DoseAid Pty Ltd sought approval of its enterprise agreement from the Fair Work Commission, which was contested by the Australian Manufacturing Workers' Union. The agreement, intended to regulate employment terms between DoseAid and its employees, included provisions for wages, hours of work, and other employment conditions. The union argued that the agreement did not adequately protect employee rights, particularly in relation to overtime and penalty rates. The case was heard by the Fair Work Commission, which had to determine whether the agreement met the legal requirements for approval.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided a safety net of minimum wages and conditions, and whether it was made in good faith and without coercion. The union contended that the agreement did not sufficiently address overtime entitlements and penalty rates, potentially disadvantaging employees. DoseAid argued that the agreement was fair and reasonable, reflecting the economic realities of their business and providing a balanced set of terms for both parties.

The Commission found that while the proposed agreement contained provisions that met the basic requirements for approval, it did not adequately address the union's concerns regarding overtime and penalty rates. The Commission noted that the agreement provided a safety net of minimum wages and conditions, but it was not sufficiently detailed in protecting employee entitlements in certain circumstances. Consequently, the Commission did not approve the agreement but provided guidance to the parties to facilitate a revised agreement that would meet the legal standards. The Commission's decision emphasised the importance of ensuring that enterprise agreements provide fair and reasonable terms for all employees.

The Fair Work Commission ordered that the enterprise agreement not be approved in its current form. The Commission directed the parties to engage in further negotiations to address the outstanding issues, particularly in relation to overtime and penalty rates. The Commission set a deadline for the parties to submit a revised agreement for approval. This decision underscored the need for enterprise agreements to adequately protect employee rights while also reflecting the economic realities of the business.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established