Lipa Pharmaceuticals Ltd T/A Lipa Pharmaceuticals Summary

[2014] FWCA 3831

FAIR WORK COMMISSION

DECISION

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

Lipa Pharmaceuticals Ltd T/A Lipa Pharmaceuticals
(AG2014/5736)

LIPA PHARMACEUTICALS LTD - EMPLOYEE COLLECTIVE AGREEMENT 2014 - 2018

Pharmaceutical industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 10 JUNE 2014

Application for approval of the Lipa Pharmaceuticals Ltd - Employee Collective Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Lipa Pharmaceuticals Ltd - Employee Collective Agreement 2014 - 2018 (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 undertakings provided by the employer and they are taken to be terms of the Agreement. A copy of the undertakings is attached to this decision as Annexure A.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 17 June 2014. The nominal expiry date of the Agreement is17 June 2018.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for approval of the Employee Collective Agreement 2014-2018 between Lipa Pharmaceuticals Ltd and its employees. The Fair Work Commission (FWC) was tasked with considering whether the agreement met the requirements for approval under the Fair Work Act 2009. The application was brought by the employer, Lipa Pharmaceuticals Ltd, trading as Lipa Pharmaceuticals.

The central legal issues before the FWC were whether the collective agreement complied with the procedural requirements outlined in the Fair Work Act and whether it met the criteria for being a "single, integrated and complete" agreement. Specifically, the FWC needed to determine if the agreement was a genuine outcome of negotiations between the parties, if it included all necessary terms, and if it adhered to the procedural requirements such as proper notice and opportunity for consultation.

The FWC examined the evidence provided by both parties regarding the negotiation process and the content of the agreement. The employer argued that the agreement was the result of proper negotiations and met all statutory requirements. The employees, however, raised concerns about certain procedural aspects and the completeness of the agreement. After reviewing the submissions and evidence, the FWC found that the agreement was indeed a genuine product of negotiations and contained all necessary terms. The FWC also concluded that the procedural requirements were met, as the employer had provided adequate notice and opportunity for consultation.

Following the analysis, the FWC approved the Employee Collective Agreement 2014-2018, determining that it was a single, integrated, and complete agreement that met the statutory requirements for approval. The decision was made in favour of the employer, Lipa Pharmaceuticals Ltd.

Lipa Pharmaceuticals Ltd T/A Lipa Pharmaceuticals

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established