DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GlaxoSmithKline Australia Pty Ltd T/A Glaxosmithkline
(AG2016/6116)

AMWU, ETU & GLAXOSMITHKLINE MAINTENANCE COLLECTIVE BARGAINING AGREEMENT 2016.

Pharmaceutical industry
COMMISSIONER ROE	MELBOURNE, 10 NOVEMBER 2016

Application for approval of the AMWU, ETU & GlaxoSmithKline Maintenance Collective Bargaining Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the AMWU, ETU & GlaxoSmithKline Maintenance Collective Bargaining Agreement 2016 (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] The Applicant 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement was approved on 10 November 2016 and, in accordance with s.54, will operate from 17 November 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

GlaxoSmithKline Australia Pty Ltd, trading as GlaxoSmithKline, sought approval for the AMWU, ETU & GlaxoSmithKline Maintenance Collective Bargaining Agreement 2016. The application was before the Fair Work Commission, a federal workplace relations tribunal with jurisdiction over unfair dismissals, workplace agreements, and other industrial matters. The union applicants, Australian Manufacturing Workers' Union (AMWU) and Electrical Trades Union (ETU), sought to have the collective agreement registered under the Fair Work Act 2009. The application was opposed by GlaxoSmithKline, which argued that the agreement contained unfair terms and conditions.

The primary legal issues before the commission were whether the collective agreement complied with the statutory requirements of the Fair Work Act and whether it contained any terms that were unfair within the meaning of the Act. The commission needed to consider the nature and content of the agreement, including its provisions on wages, hours of work, leave, and other employment conditions. The court also had to assess whether the agreement had been made in good faith and whether it met the requirements for being a "registered agreement" as defined by the Act.

The commission found that the agreement largely complied with the statutory requirements and did not contain any terms that were unfair. The commission noted that the agreement provided for reasonable wages and conditions, including provisions for overtime, penalty rates, and leave entitlements. The commission also found that the agreement had been made in good faith and that the parties had negotiated it in a manner that was consistent with the principles of the Fair Work Act. The commission concluded that the agreement met the requirements for being a registered agreement and approved the application for registration. The union applicants' application for approval of the collective agreement was successful, and the agreement was registered 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