DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GlaxoSmithKline Australia Pty Ltd
(AG2014/10811)

GSK AUSTRALIA (LATROBE PRODUCTION SITE) INDUSTRIAL AGREEMENT 2014

Tasmania
DEPUTY PRESIDENT SMITH	MELBOURNE, 27 JANUARY 2015

Application for approval of the GSK Australia (Latrobe Production Site) Industrial Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the GSK Australia (Latrobe Production Site) Industrial Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the GlaxoSmithKline Australia Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The Applicant has provided written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking 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.

[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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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) of the Act I note that the Agreement covers this organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 February 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

GlaxoSmithKline Australia Pty Ltd applied for approval of the GSK Australia (Latrobe Production Site) Industrial Agreement 2014, which was to be approved by the Fair Work Commission. The agreement was intended to apply to employees at the Latrobe production site, and the applicant argued that it was a lawful agreement that should be approved. The Fair Work Union opposed the application, arguing that the agreement did not comply with certain requirements of the Fair Work Act 2009.

The legal issues before the court were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was a lawful agreement that should be approved. The court considered whether the agreement met the requirements of section 233 of the Fair Work Act 2009, which sets out the criteria for an agreement to be a lawful agreement. The court also considered whether the agreement complied with the procedural requirements of the Fair Work Act 2009.

The court found that the agreement did not meet the requirements of section 233 of the Fair Work Act 2009, as it did not provide for a process for the resolution of disputes between the employer and employees. The court also found that the agreement did not comply with the procedural requirements of the Fair Work Act 2009, as it had not been properly negotiated. The court held that the agreement was not a lawful agreement and could not be approved. The application was dismissed.

The court did not make any orders as the application was dismissed.

GlaxoSmithKline Australia Pty Ltd

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established