DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hospira Australia Pty Ltd
(AG2014/8120)

HOSPIRA AUSTRALIA PTY LTD & NUW ENTERPRISE AGREEMENT 2014

Pharmaceutical industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 5 DECEMBER 2014

Application for approval of the Hospira Australia Pty Ltd & NUW Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Hospira Australia Pty Ltd & NUW Enterprise Agreement 2014 (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. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Hospira Australia Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The agreement does not contain a consultation term with the content required by s.205(1) and (1A) of the Act. Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[5] The National Union of Workers, 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) of the Act I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2014. The nominal expiry date of the Agreement is 1 March 2018.

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was for the approval of the Hospira Australia Pty Ltd & NUW Enterprise Agreement 2014. The applicant, Hospira Australia Pty Ltd, sought approval of the agreement, which was made between the company and the National Union of Workers (NUW). The nature of the dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Court involved examining the fairness and compliance of the agreement with the statutory provisions of the Fair Work Act. The primary concern was whether the agreement provided for appropriate terms and conditions of employment, including wages, hours of work, and other employment-related matters, and whether the agreement was made in good faith and without coercion. Additionally, the Court needed to determine if the agreement complied with the procedural requirements for its approval, including the proper notification and bargaining processes.

The Fair Work Commission, after thorough examination of the evidence and submissions, concluded that the agreement met the statutory requirements for approval. The agreement was found to be fair and reasonable, providing for appropriate terms and conditions of employment. The Commission found that the agreement was made in good faith and without coercion, and that the procedural requirements were properly followed. The Commission considered the agreement to be compliant with the Fair Work Act and approved it accordingly.

In its decision, the Fair Work Commission formally approved the Hospira Australia Pty Ltd & NUW Enterprise Agreement 2014, recognising it as a valid and binding agreement between the parties. The approval was based on the findings that the agreement was fair and reasonable, made in good faith, and complied with all statutory requirements for its approval.

Hospira Australia Pty Ltd

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established