Matchland Pty Ltd T/A TSI Pharmaceuticals

[2013] FWCA 6579

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Matchland Pty Ltd T/A TSI Pharmaceuticals
(AG2013/2206)

TSI PHARMACEUTICALS AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 5 SEPTEMBER 2013

Application for approval of the TSI Pharmaceuticals and National Union of Workers Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the TSI Pharmaceuticals and National Union of Workers Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Matchland Pty Ltd t/a TSI Pharmaceuticals. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

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

[4] The National Union of Workers, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 12 September 2013. The nominal expiry date of the Agreement is 5 June 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Matchland Pty Ltd trading as TSI Pharmaceuticals, the Fair Work Commission was asked to consider the approval of the TSI Pharmaceuticals and National Union of Workers Enterprise Agreement 2013. The application for approval was made by the applicant union, the National Union of Workers. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission involved determining whether the agreement was made in good faith, whether it contained the necessary minimum terms and conditions, and whether it complied with other statutory requirements such as the provision of a copy of the agreement to employees. A particular point of contention was whether certain clauses in the agreement, which dealt with the transfer of employees to a new owner, were consistent with the requirements of the Act.

The Commission found that the agreement was largely in compliance with the statutory requirements. It noted that the agreement was made in good faith and contained all the necessary minimum terms and conditions. The Commission also found that the clauses regarding the transfer of employees were consistent with the provisions of the Act. After considering all the evidence and submissions, the Commission concluded that the agreement should be approved.

Accordingly, the Fair Work Commission approved the TSI Pharmaceuticals and National Union of Workers Enterprise Agreement 2013. The decision was made on the basis that the agreement met the necessary statutory criteria and was made in good faith. This approval ensures that the terms and conditions set out in the agreement are legally binding on the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established