DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mega Lifesciences (Australia) Pty Ltd T/A Mega Lifesciences
(AG2019/4503)

MEGA LIFESCIENCES (AUSTRALIA) PTY. LTD. AND THE EMPLOYEES ENTERPRISE AGREEMENT 2018

Pharmaceutical industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 6 DECEMBER 2019

Application for approval of the Mega Lifesciences (Australia) Pty. Ltd. and the Employees Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Mega Lifesciences (Australia) Pty. Ltd. and the Employees Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mega Lifesciences (Australia) Pty Ltd T/A Mega Lifesciences. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 6 December 2019 and, in accordance with s.54, will operate from 13 December 2019. The nominal expiry date of the Agreement is 1 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Mega Lifesciences (Australia) Pty Ltd trading as Mega Lifesciences, sought the approval of the Enterprise Agreement 2018 entered into between the applicant and its employees. The matter was heard by the Fair Work Commission. The primary legal issue before the Commission was whether the Enterprise Agreement complied with the statutory requirements under the Fair Work Act 2009, including provisions related to minimum entitlements, procedural fairness, and the avoidance of adverse action. The Commission had to determine if the agreement provided for fair and reasonable terms and conditions of employment, and whether it was made in good faith and without coercion.

The Fair Work Commission examined the process by which the agreement was negotiated and the contents of the agreement itself. The Commission considered whether the agreement met the criteria for approval under the Fair Work Act, including ensuring it did not undermine the minimum standards set by the Act. The Commission assessed whether the agreement allowed for a proper negotiation process and whether it provided fair and reasonable terms for the employees. The Commission also scrutinised the agreement to ensure it did not include provisions that might be seen as coercive or otherwise unfair.

After thorough consideration, the Fair Work Commission found that the Enterprise Agreement 2018 complied with all statutory requirements. The Commission determined that the agreement was negotiated in good faith, provided for fair and reasonable terms and conditions of employment, and did not undermine the minimum standards set by the Act. The Commission was satisfied that the agreement was made without coercion and provided employees with a fair and reasonable level of protection. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Enterprise Agreement 2018 entered into by Mega Lifesciences (Australia) Pty Ltd and its employees. This decision confirms that the agreement meets all statutory requirements under the Fair Work Act 2009 and is fair and reasonable for the employees.

Mega Lifesciences (Australia) Pty Ltd T/A Mega Lifesciences

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established