DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mega Lifesciences (Australia) Pty Ltd T/A Mega Lifesciences
(AG2019/4499)

MEGA LIFESCIENCES (AUSTRALIA) PTY. LTD. AND THE SUPPORT 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 Support 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 Support 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

Mega Lifesciences (Australia) Pty Ltd, trading as Mega Lifesciences, applied to the Fair Work Commission for the approval of the Support Employees Enterprise Agreement 2018. The application was contested by the Health Services Union of Australia (HSUA). The dispute centred around whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The primary legal issue the Commission had to address was whether the Support Employees Enterprise Agreement 2018 complied with the requirements of section 230 of the Fair Work Act. This involved assessing whether the agreement had been negotiated in good faith, was properly formed, and met the necessary standards for being registered. The Commission also considered whether the agreement provided fair terms and conditions for the employees covered by it.

In its decision, the Commission found that the agreement had been negotiated in good faith and met all the necessary legal standards for approval. The Commission noted that both parties had engaged constructively during the negotiation process and that the terms of the agreement were fair and reasonable. The Commission concluded that the agreement provided appropriate protections for the employees and did not disadvantage any party unduly. Consequently, the Fair Work Commission approved the Support Employees Enterprise Agreement 2018, and it became legally binding.

The Fair Work Commission ordered that the Support Employees Enterprise Agreement 2018 be approved and registered. The agreement was to apply to all employees covered by it, and both parties were bound by its terms from the date of approval. The decision also included provisions for the ongoing monitoring and enforcement of the agreement to ensure compliance.

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