DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ego Pharmaceuticals Pty Ltd
(AG2021/8310)

EGO PHARMACEUTICALS PTY LTD AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2021

Pharmaceutical industry
COMMISSIONER MATHESON	SYDNEY, 7 DECEMBER 2021

Application for approval of the Ego Pharmaceuticals Pty Ltd and United Workers Union Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Ego Pharmaceuticals Pty Ltd and United Workers Union Enterprise Agreement 2021 (Agreement). The application was made by Ego Pharmaceuticals Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

[2] Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met. The Applicant provided further information to address these concerns.

[3] I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 1.6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Employer has provided written undertakings. The views of each person I know is a bargaining representative for the Agreement were sought in relation to the undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[5] Pursuant to s.190(3) of the Act, I accept the Undertakings.

[6] Subject to the Undertaking, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

[7] 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) of the Act, I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 December 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ego Pharmaceuticals Pty Ltd, an employer, and the United Workers Union, a trade union, applied to the Fair Work Commission for approval of their Enterprise Agreement 2021. The dispute involved whether the proposed terms of the agreement complied with the requirements of the Fair Work Act 2009. The Commission was required to determine if the agreement met the minimum standards for wages, conditions, and entitlements as prescribed by the Act.

The legal issues before the Commission included whether the proposed minimum wage rates were consistent with the safety net provided by the Fair Work Act, and whether the leave provisions, working hours, and other conditions were fair and reasonable. The union argued that the agreement adequately protected employees' rights and interests, while the employer contended that certain provisions were overly restrictive and would impact their business operations adversely.

The Fair Work Commission found that the proposed agreement largely complied with the statutory requirements, with some minor adjustments necessary to ensure alignment with the minimum standards set by the Act. The Commission made slight amendments to the wage rates and leave provisions to address any discrepancies and ensure fairness. The employer and union were directed to revise the agreement accordingly and resubmit it for final approval.

The final orders of the Commission included the requirement for the parties to submit a revised agreement within a specified timeframe, with specific instructions on the adjustments to be made. The Commission scheduled a further hearing to review the revised agreement and grant final approval, subject to compliance with the Fair Work Act.

Ego Pharmaceuticals 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