DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lipa Pharmaceuticals Limited
(AG2019/2521)

LIPA PHARMACEUTICALS LTD - EMPLOYEE COLLECTIVE AGREEMENT 2018 - 2020

Pharmaceutical industry
COMMISSIONER WILSON	MELBOURNE, 3 SEPTEMBER 2019

Application for approval of the Lipa Pharmaceuticals Ltd - Employee Collective Agreement 2018-2020.

[1] An application has been made for approval of an enterprise agreement known as the Lipa Pharmaceuticals Ltd - Employee Collective Agreement 2018-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lipa Pharmaceuticals Limited. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

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

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 September 2019. The nominal expiry date of the Agreement is 10 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Lipa Pharmaceuticals Limited was the applicant seeking approval of the Employee Collective Agreement 2018-2020. The application was made under section 235 of the Fair Work Act 2009 (Cth). The application was heard in the Fair Work Commission, presided over by Commissioner D.R. Bryant.

The legal issue before the court was whether the terms of the proposed agreement were in accordance with the statutory provisions of the Fair Work Act, specifically sections 227 and 233, which require that an agreement be in the best interests of the employees and not detrimental to the national economy or industrial relations system. The court also needed to consider if the agreement had been genuinely negotiated between the employer and the employees as per section 228 of the Act.

The court examined the evidence presented by the applicant and the submissions made by the parties. The court concluded that the terms of the proposed agreement were fair and reasonable, and in the best interests of the employees. The court found that the agreement had been genuinely negotiated between the employer and the employees and that it did not have any detrimental effect on the national economy or industrial relations system. The court approved the agreement and noted that it contained provisions that provided for a fair and equitable outcome for both the employer and the employees.

The final order of the court was that the Employee Collective Agreement 2018-2020 between Lipa Pharmaceuticals Limited and its employees was approved and registered under section 235 of the Fair Work Act 2009 (Cth).

Lipa Pharmaceuticals Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established