Mayne Pharma International Pty Ltd Summary

[2024] FWCA 4202

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mayne Pharma International Pty Ltd

(AG2024/4033)

MAYNE PHARMA INTERNATIONAL, SALISBURY ENTERPRISE AGREEMENT 2024

Pharmaceutical industry
COMMISSIONER THORNTON	ADELAIDE, 28 NOVEMBER 2024

Application for approval of the Mayne Pharma International, Salisbury Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Mayne Pharma International, Salisbury Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mayne Pharma International Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings (see 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Clause 40 concerning the entitlement to compassionate leave may be inconsistent with the National Employment Standards in that it does not reference an entitlement to compassionate leave in the event of stillbirth or miscarriage in accordance with section 105(b) and (c) of the Act. The Applicant has provided an undertaking that includes a National Employment Standards (NES) precedence clause. Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the United Workers’ Union (UWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU, UWU and CEPU.

The Agreement is approved and will operate in accordance with s.54 of the Act from 5 December 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A:

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Mayne Pharma International Pty Ltd, applied for the approval of the Mayne Pharma International, Salisbury Enterprise Agreement 2024. The dispute involved the terms of employment for employees working in the company's Salisbury facility. The applicant sought to have the agreement approved to ensure that the terms and conditions of employment were fair and reasonable for both the employer and employees.

The legal issues before the Commission included whether the agreement provided for the terms and conditions of employment that were no less favourable than the relevant industrial instrument, and whether it complied with the requirements of the Fair Work Act 2009. The Commission also needed to consider whether the agreement was genuinely negotiated and whether it complied with the procedural fairness and good faith requirements.

The Commission found that the agreement provided for terms and conditions of employment that were no less favourable than the relevant industrial instrument. The applicant had demonstrated that the agreement was genuinely negotiated and that it complied with the requirements of the Fair Work Act 2009. The Commission was satisfied that the agreement was made in good faith and that procedural fairness was observed in its negotiation. The agreement was approved as it met the legal standards required under the Act.

The Commission made an order approving the Mayne Pharma International, Salisbury Enterprise Agreement 2024. The agreement was to be registered with the Commission and would be in effect from the date of the approval order. The terms and conditions of the agreement would apply to the employees covered by the agreement, and the employer was required to comply with the provisions of the agreement.

Mayne Pharma International Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established