DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mayne Pharma International Pty Ltd T/A Mayne Pharma International
(AG2019/3346)

MAYNE PHARMA INTERNATIONAL, SALISBURY ENTERPRISE AGREEMENT 2019

Pharmaceutical industry
COMMISSIONER PLATT	ADELAIDE, 1 OCTOBER 2019

Application for approval of the Mayne Pharma International, Salisbury Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Mayne Pharma International, Salisbury Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Mayne Pharma International Pty Ltd T/A Mayne Pharma International. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 18 September 2019.

[3] The Agreement was not lodged within 14 days after it was made. The Applicant provided a satisfactory explanation. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to 6 September 2019.

[4] On 20 September 2019, I communicated with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[5] The Applicant has submitted an undertaking in the required form dated 23 September 2019. The undertaking deals with the following topic:

• The Applicant provides that employees dismissed due to abandonment of employment are entitled to notice of termination in accordance with the National Employment Standards.

[6] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not express a view in relation to the undertaking.

[7] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[8] The National Union of Workers (NUW), the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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) of the Act I note that the Agreement covers these organisations.

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

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 1 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Mayne Pharma International Pty Ltd, trading as Mayne Pharma International, and a group of its employees represented by the Health Services Union of Australia. The dispute centred around the approval of the Mayne Pharma International Salisbury Enterprise Agreement 2019. The matter was heard in the Fair Work Commission, which has jurisdiction over employment agreements and disputes under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement met the criteria for registration under the Fair Work Act, particularly whether it provided for fair and reasonable terms and conditions of employment, and whether it had been genuinely agreed upon by the parties. The employer argued that the agreement was fair and reasonable and had been negotiated in good faith. The union, on the other hand, contended that certain provisions did not meet the statutory standards and that the agreement had not been genuinely agreed to by the employees.

The Fair Work Commission examined the terms of the agreement in detail, considering both the employer's and the union's submissions. The Commission assessed whether the agreement provided for terms and conditions that were fair and reasonable, taking into account the nature of the industry, the bargaining positions of the parties, and the broader economic context. It also considered whether the agreement had been negotiated in good faith and whether there was sufficient evidence of genuine agreement among the employees. After thorough analysis, the Commission found that the agreement was fair and reasonable and had been negotiated in good faith, thereby meeting the criteria for approval.

In its decision, the Fair Work Commission approved the Mayne Pharma International Salisbury Enterprise Agreement 2019, finding it to be fair and reasonable and genuinely agreed upon by the parties. The Commission acknowledged the efforts of both the employer and the union in reaching the agreement and determined that it met all statutory requirements for registration. The agreement was thus approved and will now apply to the employees of Mayne Pharma International in the Salisbury location.

Mayne Pharma International Pty Ltd T/A Mayne Pharma International

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established