GlaxoSmithKline Consumer Healthcare Australia Pty Ltd

[2015] FWC 6528

[2015] FWC 6528

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.319 - Application for an order relating to instruments covering new employer and non-transferring employees

GlaxoSmithKline Consumer Healthcare Australia Pty Ltd
(AG2015/4817)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 23 SEPTEMBER 2015

Application for an order relating to instruments covering new employer and non-transferring employees – order granted.

[1] On 31 August 2015 GlaxoSmithKline Consumer Healthcare Australia Pty Ltd (the Applicant/current employer) made an application pursuant to s.319 of the Fair Work Act 2009 (the Act) for an order that the GlaxoSmithKline (GSK) Sydney Enterprise Agreement 2013 – 2016 (the Agreement) cover non-transferring employees of the Applicant who perform, or are likely to perform, transferring work.

[2] In accordance with s.311(1) of the Act, a transfer of the business from GlaxoSmithKline Australia Pty Ltd (the previous employer) to the Applicant occurred on 1 September 2015. Transferring employees are covered by the Agreement. The Applicant is seeking an order to the effect that all new employees who perform similar or the same work as the transferring employees are covered by the Agreement.

[3] On 2 September 2015, my Associate wrote to The Australian Workers’ Union (AWU) and the Shop, Distributive and Allied Employees Association (SDA) seeking their views in relation to the application and if there was an objection to the matter being determined on the papers.

[4] The SDA on 2 September 2015 responded as follows:

“[T]he SDA consents to the orders sought by the Applicant.

Prior to the making of the application, the Applicant consulted with the SDA about the transfer of business and the application. Like the Applicant, the SDA wishes to ensure that the GlaxoSmithKline (GSK) Sydney Enterprise Agreement 2013-2016 will cover non transferring employees who perform transferring work for the Applicant.  For this reason, we consent to the application as made.

The SDA is also happy for the matter to be dealt with on the papers.”

[5] On 3 September 2015 the AWU provided the following response:

“The Australian Workers Union is of the expectation new non transferring employees of the new employer who perform transferring work for the new employer can become bound by the transferring instrument. Therefore on this basis the AWU supports the application seeking an order from the Fair Work Commission to that effect.”

[6] I have decided to determine the matter on the papers and have taken into consideration the material provided by the Applicant in support of the application seeking that all non-transferring employees of the current employer will be covered by the Agreement. I have also considered the matters listed in s.319(3) of the Act and the views of the AWU and SDA.

[7] I am satisfied that the Order should be issued. The Order PR572145, will issue with this decision and will take effect in accordance with s.319(4) of the Act.

DEPUTY PRESIDENT

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<Price code A, PR572144>