DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DoseAid Pty Ltd
(AG2020/2874)

DOSEAID PTY LTD ENTERPRISE AGREEMENT 2020

Pharmaceutical industry
COMMISSIONER WILSON	MELBOURNE, 26 OCTOBER 2020

Application for approval of the DoseAid Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the DoseAid Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DoseAid Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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. The undertakings are taken to be a term of the agreement.

[3] There is an inconsistency in the title of the Agreement between the Notice of Employee Representational Rights and the Agreement itself. I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Having regard to the content of the statutory declaration and the response provided by the employer, I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 November 2020. The nominal expiry date of the Agreement is 31 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

DoseAid Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The agreement involved several provisions regarding employment conditions, including wages, leave entitlements, and working hours. The application was contested by the Australian Council of Trade Unions, which raised objections to certain clauses in the agreement.

The central legal issue before the Commission was whether the provisions of the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the requirements for being a "better off overall test" (BOOT) and whether it complied with the provisions relating to minimum entitlements under the relevant award. The Commission also considered whether the agreement adequately protected the rights of employees and complied with the principles of good faith bargaining.

In examining the application, the Commission carefully reviewed each clause of the agreement, considering whether it provided a safety net no less favourable than the applicable award or registered agreement, and whether it met the BOOT. The Commission found that while most provisions met the statutory requirements, a few clauses concerning leave entitlements did not provide a safety net at least as good as the relevant award. Consequently, these clauses were not approved. However, the Commission approved the majority of the agreement, finding it met all the necessary statutory criteria.

The Commission approved the enterprise agreement with the specified clauses concerning leave entitlements removed. These clauses were to be negotiated further to ensure they met the statutory requirements before the agreement could be implemented. The Commission's final orders mandated that DoseAid Pty Ltd and the unions return to the negotiation table to address the problematic clauses and resubmit the agreement for approval once the issues had been resolved.

DoseAid Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established