Hospira Australia Pty Ltd

[2025] FWCA 2350

[2025] FWCA 2350

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Hospira Australia Pty Ltd

(AG2025/2082)

PFIZER MELBOURNE & UWU ENTERPRISE AGREEMENT 2025

Pharmaceutical industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 16 JULY 2025

Application for approval of the Pfizer Melbourne & UWU Enterprise Agreement 2025

1. An application has been made for approval of an enterprise agreement to be known as the Pfizer Melbourne & UWU Enterprise Agreement 2025 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Hospira Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

NERR issue

1. There was an issue raised by the Commission with the Employer regarding a discrepancy between the Agreement title set out in the Notice of Employee Representational Rights provided to relevant employees, and the title of the Agreement filed with the Commission (as approved by relevant employees).[1] Having regard to the submissions of the Employer provided on 15 July 2025, I find that this issue constitutes a minor procedural and/or technical error. I am satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding this error.[2] I am also satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.

1. There was a further issue raised by the Commission with the Employer regarding compliance with Items [15] and [16] of the statutory Statement of Principles on genuine agreement.[3] Having regard to the submissions of the Employer provided on 15 July 2025, I find this issue to be a minor procedural and/or technical error.[4] I am satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding the error. I am also satisfied that the employees covered by the Agreement are not likely to have been disadvantaged by the error.

Undertakings

1. The Employer has provided written undertakings dated 16 July 2025. 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)

1. The United Workers’ Union (UWU) 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

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

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

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 July 2025. The nominal expiry date of the Agreement is 1 July 2027.

DEPUTY PRESIDENT

ANNEXURE A

[1] Note the requirements of ss. 173 and 174 of the Fair Work Act 2009.

[2] See s.188(5) of the Fair Work Act 2009 and Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318.

[3] Section 188(1) of the Fair Work Act 2009.

[4] See s.188(5) of the Fair Work Act 2009 and the case of Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318.

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