DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Ego Pharmaceuticals Pty Ltd T/A Ego Pharmaceuticals
(AG2020/1872)

EGO PHARMACEUTICALS PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2017

Pharmaceutical industry
COMMISSIONER LEE	MELBOURNE, 14 JULY 2020

Application for variation of the Ego Pharmaceuticals Pty Ltd and National Union of Workers Enterprise Agreement 2017.

[1] An application has been made for approval of a variation to the Ego Pharmaceuticals Pty Ltd and National Union of Workers Enterprise Agreement 2017 (the Agreement). The application was made by Ego Pharmaceuticals Pty Ltd T/A Ego Pharmaceuticals pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 14 July 2020.

COMMISSIONER

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CaseChat Overview and Summary

Ego Pharmaceuticals Pty Ltd, trading as Ego Pharmaceuticals, applied for a variation of the Ego Pharmaceuticals Pty Ltd and National Union of Workers Enterprise Agreement 2017. The matter was heard in the Fair Work Commission. The dispute centred around the proposed changes to the enterprise agreement which Ego Pharmaceuticals sought to implement, and the union's opposition to these changes.

The legal issues that the Fair Work Commission was required to decide included whether the proposed changes to the enterprise agreement were genuinely in the interests of the employees, whether the changes were necessary to maintain or improve the financial health of Ego Pharmaceuticals, and whether the changes were in line with the principles of the Fair Work Act 2009. The commission also needed to consider the impact of the proposed changes on the employees and whether the changes were fair and reasonable.

The Fair Work Commission considered the evidence and submissions from both parties before making its decision. The commission found that the proposed changes to the enterprise agreement were necessary to maintain the financial health of Ego Pharmaceuticals and were in the best interests of the employees. The commission was satisfied that the changes were fair and reasonable, and did not result in a detriment to the employees. The commission also found that the changes were in line with the principles of the Fair Work Act 2009. The application for a variation of the enterprise agreement was therefore granted.

The Fair Work Commission made an order that the Ego Pharmaceuticals Pty Ltd and National Union of Workers Enterprise Agreement 2017 be varied as per the terms proposed by Ego Pharmaceuticals. The variation came into effect from the date of the commission's decision. The union was given the right to apply for a review of the decision within 21 days of the decision being made.

Ego Pharmaceuticals Pty Ltd T/A Ego Pharmaceuticals

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established