DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GlaxoSmithKline Consumer Healthcare Australia Pty Ltd T/A GSK Consumer Healthcare
(AG2018/6878)

GLAXOSMITHKLINE CONSUMER HEALTHCARE AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2019

Pharmaceutical industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 FEBRUARY 2019

Application for approval of the GlaxoSmithKline Consumer Healthcare Australia Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the GlaxoSmithKline Consumer Healthcare Australia Pty Ltd Enterprise Agreement 2019 (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] The Employer 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.

[4] I note that Clauses 12.6 and 28 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 3 of the undertaking, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 August 2019. The nominal expiry date of the Agreement is 29 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, GlaxoSmithKline Consumer Healthcare Australia Pty Ltd trading as GSK Consumer Healthcare, applied to the Fair Work Commission for approval of the GlaxoSmithKline Consumer Healthcare Australia Pty Ltd Enterprise Agreement 2019. The dispute centred on the terms and conditions of employment for employees within the company. The matter was heard in the Fair Work Commission, an Australian federal statutory tribunal.

The legal issues before the court were whether the terms of the enterprise agreement complied with the requirements of the Fair Work Act 2009, specifically concerning minimum entitlements, and whether the agreement was made in good faith and covered the appropriate employees. The court needed to consider if the agreement met the criteria for a 'single interest' enterprise agreement and whether the process of making the agreement complied with the procedural fairness requirements.

The Fair Work Commission found that the enterprise agreement met the statutory criteria for approval. The court examined the negotiation process and found that it was conducted in good faith and covered the appropriate employees. The agreement provided for minimum entitlements that were no less favourable than those required by the relevant industrial instruments and the National Employment Standards. Furthermore, the court was satisfied that the agreement was made in accordance with the procedural requirements of the Fair Work Act.

The Fair Work Commission approved the GlaxoSmithKline Consumer Healthcare Australia Pty Ltd Enterprise Agreement 2019. The decision was made on the basis that the agreement was made in good faith, covered the appropriate employees, and met the statutory criteria for approval. The court did not identify any significant issues that would prevent the agreement from being approved. The approval ensures that the terms and conditions of employment for the employees are governed by the agreed-upon enterprise agreement.

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