Hospira Australia Pty Ltd

[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

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

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.

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

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)

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

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.

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 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.

Printed by authority of the Commonwealth Government Printer

In this matter, Hospira Australia Pty Ltd applied to the Fair Work Commission for approval of the Pfizer Melbourne and UWU Enterprise Agreement 2025. The application involved the terms of employment for employees who were previously employed by Pfizer Australia Pty Ltd and are now employed by Hospira Australia Pty Ltd. The application was contested by the United Workers Union (UWU) on behalf of the employees. The crux of the dispute lay in the interpretation and application of the relevant sections of the Fair Work Act 2009, specifically concerning the transfer of employees and the terms of their employment under the new enterprise agreement.

The primary legal issue before the Commission was whether the proposed enterprise agreement could be approved in light of the transfer of employees from Pfizer Australia Pty Ltd to Hospira Australia Pty Ltd, and whether the agreement met the statutory requirements for direct transfer agreements under section 171 of the Fair Work Act. This involved determining if the agreement adequately protected the employees' terms and conditions of employment and whether it complied with the procedural requirements set out in the Act.

In addressing the matter, the Commission considered the evidence and submissions from both parties. It found that the agreement did indeed meet the statutory requirements for direct transfer agreements. The Commission noted that the agreement provided for the continuation of the employees' terms and conditions, including pay and benefits, without any adverse effects. Furthermore, the procedural requirements were satisfied as the agreement was made following proper consultation with the UWU. The Commission concluded that the proposed enterprise agreement was fair and reasonable and should be approved.

Consequently, the Commission approved the Pfizer Melbourne and UWU Enterprise Agreement 2025, allowing the transfer of employees from Pfizer Australia Pty Ltd to Hospira Australia Pty Ltd under the terms of the agreement. This decision ensures that the employees' rights and conditions of employment are protected and that the new enterprise agreement complies with the statutory framework.

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