DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fit BioCeuticals Limited
(AG2015/4513)

BIOCEUTICALS ENTERPRISE AGREEMENT 2015

Pharmaceutical industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 12 OCTOBER 2015

Application for approval of the BioCeuticals Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the BioCeuticals Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fit BioCeuticals Limited. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Fit BioCeuticals Limited. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 October 2015. The nominal expiry date of the Agreement is 12 October 2018.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Fit BioCeuticals Limited recently faced a matter in the Fair Work Commission regarding the application for the approval of the BioCeuticals Enterprise Agreement 2015. The dispute centred on the terms of the proposed enterprise agreement and whether it complied with the relevant legislative requirements and principles of fairness. The Commission was tasked with determining if the agreement was fit for purpose and whether it adhered to the necessary procedural and substantive standards.

The primary legal issues before the Commission involved assessing whether the agreement met the criteria for approval under the Fair Work Act 2009. This included examining if the agreement was genuinely negotiated and if it included appropriate terms and conditions for the employees. The Commission also needed to consider whether the agreement provided for fair and reasonable terms and conditions, including provisions related to wages, hours of work, and other employment-related matters. Additionally, the application of the "no disadvantage test" was crucial, ensuring that the agreement did not place employees at a disadvantage compared to their previous conditions.

After reviewing the evidence and submissions from both parties, the Fair Work Commission found that the BioCeuticals Enterprise Agreement 2015 complied with the necessary legislative requirements. The Commission concluded that the agreement had been genuinely negotiated and provided fair and reasonable terms and conditions for the employees. The agreement was deemed to meet the "no disadvantage test" and was approved for registration. Consequently, the Commission granted the application for approval of the enterprise agreement, which will now form the basis of employment conditions for the relevant employees.

Fit BioCeuticals Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established