DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ego Pharmaceuticals Pty Ltd
(AG2014/7807)

EGO PHARMACEUTICALS PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2014

Pharmaceutical industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 DECEMBER 2014

Application for approval of the Ego Pharmaceuticals Pty Ltd and National Union of Workers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Ego Pharmaceuticals Pty Ltd and National Union of Workers Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ego Pharmaceuticals Pty Ltd. The agreement is a single enterprise agreement.

[2] 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.

[3] The National Union of Workers 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.

[4] The Agreement was approved on 1 December 2014 and, in accordance with s.54, will operate from 8 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ego Pharmaceuticals Pty Ltd applied for approval of the Enterprise Agreement 2014 with the National Union of Workers. The application was heard in the Fair Work Commission. The dispute centred on whether the agreement met the requirements for approval under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions of employment and whether it was genuinely negotiated. The Commission had to assess the bargaining positions of the parties, the negotiation process, and the terms of the agreement itself.

The Fair Work Commission determined that the agreement was genuinely negotiated and met the requirements for approval. The Commission found that both parties had engaged in good faith bargaining and that the terms of the agreement were fair and reasonable. The Commission also considered the economic and employment context of the agreement, including the impact of the agreement on employees and the broader industry. The Commission was satisfied that the agreement provided for appropriate protections for employees and that it would not have an adverse effect on the broader economy.

The Fair Work Commission approved the Enterprise Agreement 2014 between Ego Pharmaceuticals Pty Ltd and the National Union of Workers. The Commission found that the agreement met the requirements for approval under the Fair Work Act 2009 and was in the best interests of the parties and the broader community. The agreement will now apply to the employees covered by the agreement, providing them with fair and reasonable terms and conditions of employment. The decision of the Commission is final and binding on the parties.

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