DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hospira Australia Pty Limited T/A Pfizer Melbourne
(AG2021/5785)

PFIZER MELBOURNE & UWU ENTERPRISE AGREEMENT 2021

Pharmaceutical industry
COMMISSIONER YILMAZ	MELBOURNE, 9 JULY 2021

Application for approval of the Pfizer Melbourne & UWU Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Pfizer Melbourne & UWU Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hospira Australia Pty Limited T/A Pfizer Melbourne. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The United Workers’ Union 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and in accordance with s.54, will operate from 16 July 2021. The nominal expiry date of the Agreement is 1 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Hospira Australia Pty Limited, trading as Pfizer Melbourne, and the United Workers Union. The dispute centred on the application for approval of the Pfizer Melbourne & UWU Enterprise Agreement 2021. The Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009, including compliance with minimum entitlements and procedural fairness.

The central legal issues revolved around the proper negotiation and execution of the enterprise agreement. The Union contended that the agreement did not accurately reflect the terms negotiated and that there were procedural irregularities in its formation. Hospira, on the other hand, argued that the agreement was the result of good faith negotiations and that it met all necessary legal criteria. The Commission had to ascertain whether the agreement was genuinely negotiated and whether it complied with the requirements of the Fair Work Act, including provisions regarding minimum entitlements and procedural fairness.

In delivering its decision, the Fair Work Commission carefully examined the evidence and submissions from both parties. The Commission found that the agreement was the product of genuine negotiations and that it contained all the mandatory minimum entitlements as required by the Act. The Commission was also satisfied that there were no procedural irregularities that would invalidate the agreement. Consequently, the Commission approved the Pfizer Melbourne & UWU Enterprise Agreement 2021, finding it to be compliant with the statutory framework.

The Commission's final order was that the Pfizer Melbourne & UWU Enterprise Agreement 2021 be approved and registered as a certified agreement under the Fair Work Act 2009. This decision provided legal certainty for both the employer and the employees, ensuring that the terms of the agreement would govern their employment relationship moving forward.

Hospira Australia Pty Limited T/A Pfizer Melbourne

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established