Hospira Australia Pty Limited T/A Pfizer Melbourne

[2023] FWCA 378

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hospira Australia Pty Limited T/A Pfizer Melbourne

(AG2023/36)

PFIZER MELBOURNE & UWU ENTERPRISE AGREEMENT 2022

Pharmaceutical industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 8 FEBRUARY 2023

Application for approval of the Pfizer Melbourne & UWU Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement to be known as the Pfizer Melbourne & UWU Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Hospira Australia Pty Limited T/A Pfizer Melbourne (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 6 February 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Pharmaceutical Industry Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

The United Workers Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 February 2023. The nominal expiry date of the Agreement is 1 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of the Pfizer Melbourne & UWU Enterprise Agreement 2022 between Hospira Australia Pty Limited, trading as Pfizer Melbourne, and the United Workers Union. The dispute centred on whether the proposed agreement met the requirements under the Fair Work Act 2009 for minimum entitlements and the process by which the agreement was made. The Commission was tasked with determining if the agreement provided for the minimum entitlements as prescribed by the Act, and if the agreement was genuinely negotiated and made in good faith.

The central legal issue before the Commission was whether the enterprise agreement complied with the statutory minimum entitlements outlined in the Fair Work Act 2009. Additionally, the Commission needed to assess whether the agreement was genuinely negotiated and made in good faith, as mandated by the Act. This included examining the process through which the agreement was developed and if it adhered to the procedural fairness requirements. The Commission also considered submissions from both parties regarding the application for approval of the agreement.

In its decision, the Fair Work Commission found that the proposed agreement met the requirements for minimum entitlements under the Fair Work Act 2009. The Commission considered the submissions from both parties and examined the evidence presented regarding the negotiation process. It determined that the agreement was genuinely negotiated and made in good faith, and thus, approved the Pfizer Melbourne & UWU Enterprise Agreement 2022. The Commission concluded that all statutory requirements were satisfied and that the agreement was fair and reasonable.

The final orders of the Commission included the approval of the Pfizer Melbourne & UWU Enterprise Agreement 2022, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were directed to comply with its terms. The Commission emphasised the importance of the agreement in providing fair and reasonable terms for the employees covered by it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established