[2015] FWCA 1648

The attached document replaces the document previously issued with the above code on 11 March 2015.

Correcting full name of agreement in the preamble of the decision.

Bronwyn Brown

Associate to Deputy President Lawrence

11 March 2015

[2015] FWCA 1648

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Integria Healthcare (Australia) Pty Ltd
(AG2015/2016)

INTEGRIA HEALTHCARE (AUSTRALIA) AND EMPLOYEES ENTERPRISE AGREEMENT 2015

Pharmaceutical industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 11 MARCH 2015

Application for approval of the Integria Healthcare (Australia) Pty Ltd and Employees Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Integria Healthcare (Australia) Pty Ltd and Employees Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 18 March 2015. The nominal expiry date of the Agreement is 18 March 2018.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case concerning Integria Healthcare (Australia) Pty Ltd, the Fair Work Commission was tasked with determining the application for the approval of the Integria Healthcare (Australia) Pty Ltd and Employees Enterprise Agreement 2015. The dispute arose from the negotiation process of the agreement between the employer and the employees, specifically focusing on the terms and conditions of employment.

The primary legal issue before the commission was whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009. This involved scrutinising whether the agreement complied with the procedural fairness standards and whether it contained the necessary minimum terms and conditions as mandated by law. Additionally, the commission had to consider the fairness of the agreement in the context of the employer's and employees' respective bargaining positions and the overall balance of the agreement.

The commission examined the evidence and submissions presented by both parties. It found that the agreement had been negotiated in good faith and that all procedural fairness requirements had been satisfied. The commission also determined that the agreement contained all the mandatory minimum terms and conditions and did not unfairly disadvantage either party. The fairness of the agreement was assessed in light of the specific circumstances of the parties, and it was concluded that the agreement was fair and reasonable. Accordingly, the commission approved the enterprise agreement, ensuring its compliance with the relevant statutory framework.

The final orders of the commission included the approval of the Integria Healthcare (Australia) Pty Ltd and Employees Enterprise Agreement 2015, with the agreement to commence from a specified date. The decision underscores the importance of adherence to the legislative requirements in the negotiation and approval of enterprise agreements.

Integria Healthcare (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established