DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GlaxoSmithKline Consumer Healthcare Australia Pty Ltd T/A GSK Consumer Healthcare
(AG2016/5093)

GLAXOSMITHKLINE CONSUMER HEALTHCARE AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2016

Pharmaceutical industry
COMMISSIONER LEE	MELBOURNE, 12 OCTOBER 2016

Application for approval of the GlaxoSmithKline Consumer Healthcare Australia Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the GlaxoSmithKline Consumer Healthcare Australia Pty Ltd Enterprise 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 Consumer Healthcare Australia Pty Ltd T/A GSK Consumer Healthcare. 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 Agreement that was lodged with the application documentation contained minor typographical errors in the classification structure in clause 19. Following a request from the Applicant and having considered the information provided, I am satisfied that the corrected Agreement can be approved.

[4] The Australian Workers’ Union and the Shop, Distributive and Allied Employees’ Association 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 the organisations.

[5] The Agreement was approved on 12 October 2016 and, in accordance with s.54, will operate from 19 October 2016. The nominal expiry date of the Agreement is 29 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, GlaxoSmithKline Consumer Healthcare Australia Pty Ltd, trading as GSK Consumer Healthcare, sought approval of an Enterprise Agreement (EA) from the Fair Work Commission (FWC). The dispute involved the terms of the EA and whether it complied with the requirements of the Fair Work Act 2009. The FWC was tasked with determining if the EA met the necessary criteria for approval, including fairness and compliance with relevant industrial laws. The applicant argued that the EA provided fair terms and conditions for its employees, while no other party contested the application directly.

The legal issues before the FWC centred on whether the EA was a "better off overall test" (BOOT) agreement. This required the FWC to assess whether the EA provided employees with terms and conditions at least as good as the relevant awards or other industrial instruments. Additionally, the FWC had to determine if the EA was procedurally sound, meaning that it was negotiated in good faith and provided for proper consultation with employee representatives. The applicant needed to demonstrate that the EA was not only fair but also met all procedural prerequisites for approval.

In rendering its decision, the FWC carefully examined the EA's provisions against the benchmarks set by the Fair Work Act. The FWC found that the EA did indeed meet the BOOT, as it provided employees with terms and conditions that were at least as good as those in the relevant awards. The FWC also concluded that the negotiation process was conducted in good faith and that there had been adequate consultation with employee representatives. These findings satisfied the FWC that the EA was fair and procedurally sound. Consequently, the FWC approved the EA, acknowledging that it met the necessary statutory requirements.

The FWC's approval of the EA was based on its determination that the applicant had met all the legal criteria for such approval. The EA was found to be fair and to have been negotiated and consulted upon in good faith. The FWC's decision provided clarity and finality to the terms and conditions set out in the EA, ensuring compliance with industrial laws and protecting the interests of both the employer and the employees.

GlaxoSmithKline Consumer Healthcare Australia Pty Ltd T/A GSK Consumer Healthcare

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established