Ego Pharmaceuticals Pty Ltd T/A Ego Pharmaceuticals Summary

[2025] FWCA 371

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Ego Pharmaceuticals Pty Ltd T/A Ego Pharmaceuticals

(AG2024/4778)

EGO PHARMACEUTICALS PTY LTD AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2024

Pharmaceutical industry
COMMISSIONER WILSON	MELBOURNE, 30 JANUARY 2025

Application for approval of the Ego Pharmaceuticals Pty Ltd and United Workers Union Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Ego Pharmaceuticals Pty Ltd and United Workers Union Enterprise Agreement 2024 (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.

The notification time for the Agreement under s.173(2) was 10 April 2024 and the Agreement was made on 21 November 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

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.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2025. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Annexure A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

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CaseChat Overview and Summary

Ego Pharmaceuticals Pty Ltd, trading as Ego Pharmaceuticals, sought approval of their 2024 enterprise agreement with the United Workers Union. The application was heard in the Fair Work Commission. The central issue before the Commission was whether the agreement met the requirements set out in the Fair Work Act 2009, specifically focusing on whether the agreement was made in good faith and whether it covered all necessary matters as outlined by the Act. The Commission also needed to consider if the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and if it met the criteria for being a simple, direct, and clear agreement as required by the Fair Work (Transitional Provisions) Act 2009.

The Commission examined the submissions and evidence provided by both parties. It assessed whether the agreement was genuinely negotiated between the parties and whether it provided for the rights, obligations, and duties of the employer and employees in a clear and accessible manner. The Commission also evaluated if the agreement contained all the necessary terms and conditions of employment and whether it complied with the relevant legislative provisions. Ultimately, the Commission found that the agreement was made in good faith and covered all necessary matters as required by the Act. The Commission determined that the agreement met the criteria for approval and was consistent with the relevant legislation.

As a result, the Fair Work Commission approved the Ego Pharmaceuticals Pty Ltd and United Workers Union Enterprise Agreement 2024. The final orders included the registration of the agreement and the enforcement of its terms and conditions for the duration specified within the agreement. This decision ensures that the agreement will govern the employment relationship between Ego Pharmaceuticals and the United Workers Union for the agreed period, providing a framework for the rights and obligations of both parties.

Ego Pharmaceuticals Pty Ltd T/A Ego Pharmaceuticals

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established