GlaxoSmithKline Australia Pty Ltd

[2013] FWCA 8152

The attached document replaces the document previously issued with the above code on 17 October 2013 and is amended as follows:

The title clause in the agreement is incorrect and so the year referred to in the title of the agreement has been changed from ‘2010’ to ‘2013’ wherever it appears in the decision.

Fran Cashman

Associate to Commissioner Ryan

Dated 17 October 2013

[2013] FWCA 8152

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GlaxoSmithKline Australia Pty Ltd
(AG2013/9722)

AMWU, ETU & GLAXOSMITHKLINE MAINTENANCE COLLECTIVE BARGAINING AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 17 OCTOBER 2013

Application for approval of the AMWU, ETU & GlaxoSmithKline Maintenance Collective Bargaining Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the AMWU, ETU & GlaxoSmithKline Maintenance Collective Bargaining Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by GlaxoSmithKline Australia Pty Ltd. 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] An undertaking has been given in relation to the provision for carer’s leave in the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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 the AMWU and CEPU.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 24 October 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

GlaxoSmithKline Australia Pty Ltd, together with the Australian Manufacturing Workers' Union (AMWU) and the Electrical Trades Union (ETU), applied for the approval of the Maintenance Collective Bargaining Agreement 2013. The application was heard in the Fair Work Commission (FWC) and involved the approval of a collective agreement under the Fair Work Act 2009. The AMWU and ETU, as the unions representing the employees, and GlaxoSmithKline Australia, the employer, sought the approval of the agreement to ensure its compliance with the relevant legislative framework.

The primary legal issues before the FWC were whether the agreement met the statutory requirements for approval under the Fair Work Act. This included ensuring the agreement was in writing, contained certain prescribed particulars, and did not include prohibited content. Additionally, the FWC needed to consider whether the agreement was genuinely negotiated and whether it complied with the provisions relating to the protection of employees' rights and interests. The court also examined if the agreement provided for appropriate mechanisms to resolve disputes between the parties.

The FWC examined the agreement in detail and concluded that it was in writing and contained all the required particulars. The FWC found that the agreement had been genuinely negotiated and did not contain any prohibited content. It was noted that the agreement included provisions for the protection of employees' rights and interests, and that it provided for appropriate mechanisms to resolve disputes. The FWC was satisfied that the agreement met all the statutory requirements for approval under the Fair Work Act and approved the Maintenance Collective Bargaining Agreement 2013.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established