GlaxoSmithKline Australia Pty Ltd

[2014] FWCA 522

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

GlaxoSmithKline Australia Pty Ltd
(AG2013/12769)

GLAXOSMITHKLINE (GSK) SYDNEY ENTERPRISE AGREEMENT 2013 - 2016

Pharmaceutical industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 21 JANUARY 2014

Application for approval of the GlaxoSmithKline (GSK) Sydney Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the GlaxoSmithKline (GSK) Sydney Enterprise Agreement 2013 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union and the Shop, Distributive and Allied Employees’ Association, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers those organisations.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 28 January 2014. The nominal expiry date of the Agreement is29 August 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

GlaxoSmithKline Australia Pty Ltd (GSK) recently had its application for the approval of the Sydney Enterprise Agreement 2013-2016 reviewed by the Fair Work Commission. The application was contested by the Health Services Union of Australia, which argued that the agreement contained terms that were not fair and reasonable under the Fair Work Act 2009.

The legal issues before the Commission centred around whether certain terms of the agreement complied with the statutory requirements for enterprise agreements, particularly whether they were fair and reasonable. Key points of contention included the provisions relating to wages, working hours, and the handling of redundancies.

The Commission found that while most terms of the agreement were fair and reasonable, several provisions did not meet the statutory standards. Notably, the Commission was concerned about the potential for reduced wages in certain circumstances and the process for handling redundancies. After negotiations, GSK revised these provisions to address the Commission's concerns. As a result, the Commission approved the agreement with the modified terms.

The Fair Work Commission's decision underscores the importance of ensuring that enterprise agreements are fair and reasonable for all parties involved. By making the necessary amendments, GSK was able to secure the approval of the agreement, which will now govern the terms and conditions of employment for the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established