DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mayne Pharma International Pty Ltd
(AG2015/5457)

MAYNE PHARMA INTERNATIONAL, SALISBURY ENTERPRISE AGREEMENT 2015

Pharmaceutical industry
COMMISSIONER ROE	MELBOURNE, 17 SEPTEMBER 2015

Application for approval of the Mayne Pharma International, Salisbury Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Mayne Pharma International, Salisbury Enterprise Agreement 2015 (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 Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the National Union of Workers being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 17 September 2015 and, in accordance with s.54, will operate from 24 September 2015. The nominal expiry date of the Agreement is 1 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Mayne Pharma International Pty Ltd sought approval for the Mayne Pharma International, Salisbury Enterprise Agreement 2015. The dispute arose out of negotiations between the employer and the relevant employee union, the Australian Manufacturing Workers' Union, regarding the terms and conditions of employment for workers at the Salisbury facility. The primary issues centred on wages, conditions, and other employment-related matters, which the parties had been unable to resolve through direct negotiation.

The legal issues before the Commission included whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly concerning the process by which the agreement was made and the substantive provisions within it. Additionally, the Commission had to consider whether the agreement met the "better off overall test," ensuring that employees were not worse off financially by being subject to the agreement than they would be under the applicable award or existing enterprise agreement.

In its decision, the Commission found that the process for making the agreement was procedurally sound and that the substantive terms of the agreement were fair and reasonable. The Commission emphasised that the agreement provided for a comprehensive set of terms and conditions that were beneficial to the employees, meeting the better off overall test. Consequently, the Commission approved the agreement, noting its alignment with the principles of the Fair Work Act and its beneficial impact on the employees' conditions of employment.

Mayne Pharma International 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