DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GlaxoSmithKline Australia Pty Ltd T/A GlaxoSmithKline
(AG2017/4009)

GLAXOSMITHKLINE (BORONIA) AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2017

Pharmaceutical industry
COMMISSIONER LEE	MELBOURNE, 2 NOVEMBER 2017

Application for approval of the GlaxoSmithKline (Boronia) and National Union of Workers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the GlaxoSmithKline (Boronia) 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 GlaxoSmithKline Australia Pty Ltd T/A GlaxoSmithKline. 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 9 November 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

GlaxoSmithKline Australia Pty Ltd, trading as GlaxoSmithKline, applied for approval of the GlaxoSmithKline (Boronia) and National Union of Workers Enterprise Agreement 2017. The applicant sought to have the agreement approved by the Fair Work Commission under the Fair Work Act 2009. The application was contested by the National Union of Workers and other interested parties. The central dispute revolved around whether the agreement met the requirements for approval under the Act, particularly focusing on its coverage, negotiation process, and the rights and obligations it established for employees.

The primary legal issues before the court were whether the agreement had been fairly and genuinely negotiated and whether it contained the necessary terms and conditions to be considered a lawful and effective enterprise agreement. The court had to examine the negotiation process to ensure it complied with the statutory requirements, including the mandatory topics outlined in the Fair Work Act. Additionally, the court needed to assess whether the agreement provided for adequate protections and entitlements for employees, and whether it met the standards of procedural fairness and good faith.

In considering these issues, the Fair Work Commission found that the agreement had indeed been fairly and genuinely negotiated in accordance with the Act. The commission reviewed the evidence presented regarding the negotiation process and determined that it was conducted in good faith and covered the mandatory topics. The commission also found that the agreement contained appropriate terms and conditions that were fair and reasonable for the employees, and that it did not contravene any statutory requirements. As a result, the commission approved the GlaxoSmithKline (Boronia) and National Union of Workers Enterprise Agreement 2017.

Consequently, the Fair Work Commission granted the application for approval of the enterprise agreement, confirming that it met the legal standards for negotiation and content. The agreement was thus approved and will govern the employment terms and conditions for the relevant employees at the Boronia site. This decision ensures that the rights and obligations of both the employer and employees are legally recognised and enforceable under the Fair Work Act.

GlaxoSmithKline Australia Pty Ltd T/A GlaxoSmithKline

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established