DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ego Pharmaceuticals Pty Ltd T/A Ego Pharmaceuticals
(AG2017/3965)

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

Pharmaceutical industry
COMMISSIONER LEE	MELBOURNE, 20 NOVEMBER 2017

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

[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 2017 (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 T/A Ego Pharmaceuticals. 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 is approved and, in accordance with s.54 of the Act, will operate from 27 November 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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CaseChat Overview and Summary

Ego Pharmaceuticals Pty Ltd, trading as Ego Pharmaceuticals, filed an application for approval of their 2017 enterprise agreement with the National Union of Workers. The application was made to the Fair Work Commission, which is responsible for overseeing and approving enterprise agreements under the Fair Work Act 2009. The dispute centred around the terms of the proposed agreement and whether they complied with the statutory requirements for approval.

The legal issues before the Commission included whether the agreement contained all the mandated terms and conditions, whether the bargaining was genuinely undertaken, and if the agreement facilitated the efficient operation of the enterprise. The Commission also had to determine if the agreement met the requirement of being "better off overall" for the employees. Additionally, the Commission considered whether the agreement was free from any prohibited content, such as discriminatory provisions.

In examining the evidence and submissions, the Commission found that the agreement was appropriately negotiated and contained all the mandatory terms. It was determined that the agreement would facilitate the efficient operation of Ego Pharmaceuticals and was not detrimental to the employees. The Commission also concluded that the agreement provided for employees to be at least as well off, if not better off, overall, compared to their previous conditions. The agreement was deemed to be free from any prohibited content, including discrimination. Based on these findings, the Commission approved the enterprise agreement.

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