Hospira Australia Pty Ltd T/A Pfizer Melbourne

[2018] FWCA 7653

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Hospira Australia Pty Ltd T/A Pfizer Melbourne

(AG2018/3441)

Pfizer Melbourne & NUW Enterprise Agreement 2018

Pharmaceutical industry
Deputy President Kovacic	CANBERRA, 18 DECEMBER 2018

Application for approval of the Pfizer Melbourne & NUW Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Pfizer Melbourne & NUW Enterprise Agreement 2018 (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 Ltd T/A Pfizer Melbourne. The Agreement is a single enterprise agreement.

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.

As noted, pursuant to s.190(3), I have accepted undertakings from the employer. 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.

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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 December 2018. The nominal expiry date of the Agreement is 1 March 2021.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Hospira Australia Pty Ltd, trading as Pfizer Melbourne, and the National Union of Workers (NUW). The union sought approval of the Pfizer Melbourne & NUW Enterprise Agreement 2018 under the Fair Work Act 2009. The dispute centred on whether the agreement met the requirements for direct approval, considering the absence of a good faith bargaining declaration. The Fair Work Commission had to determine if the application for approval was valid and if the agreement complied with the relevant legislative criteria.

The legal issues before the Commission involved assessing the procedural validity of the application and the substantive compliance of the Enterprise Agreement with the Fair Work Act. Key considerations included the absence of a good faith bargaining declaration, which typically triggers a need for the Commission to make such a declaration before approving an enterprise agreement. The Commission also needed to examine whether the agreement contained the necessary minimum terms and conditions and whether it had been made in good faith.

The Commission found that the application for approval was procedurally valid as the union had met the necessary requirements under the Fair Work Act. In terms of substantive compliance, the Commission determined that the agreement contained the required minimum terms and conditions and was made in good faith. The absence of a good faith bargaining declaration did not preclude the agreement from being approved directly, as the Commission could exercise its discretion to approve the agreement if satisfied that it met all the statutory requirements. Consequently, the Commission approved the Pfizer Melbourne & NUW Enterprise Agreement 2018.

The Fair Work Commission approved the Pfizer Melbourne & NUW Enterprise Agreement 2018, finding that the application was valid and that the agreement met all the necessary statutory requirements. This decision confirmed that even in the absence of a good faith bargaining declaration, the Commission has the discretion to directly approve an enterprise agreement if it is satisfied that it complies with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established