DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mega Lifesciences (Australia) Pty Ltd T/A Mega Lifesciences Australia Pty Ltd
(AG2015/3215)

MEGA LIFSCIENCES (AUSTRALIA) PTY. LTD. AND THE SUPPORT EMPLOYEES ENTERPRISE AGREEMENT 2015

Pharmaceutical industry
COMMISSIONER ROE	MELBOURNE, 17 JULY 2015

Application for approval of the Mega Lifesciences (Australia) Pty. Ltd. and the Support Employees Enterprise Agreement 2015.

[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 2015 (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 Products Australia 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.

[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] 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.

[6] The Agreement was approved on 17 July 2015 and, in accordance with s.54, will operate from 24 July 2015. The nominal expiry date of the Agreement is 1 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Mega Lifesciences (Australia) Pty Ltd trading as Mega Lifesciences Australia Pty Ltd, the Fair Work Commission was asked to consider an application for the approval of the Mega Lifesciences (Australia) Pty Ltd and the Support Employees Enterprise Agreement 2015. The dispute arose from a disagreement between the employer and the union representatives regarding the terms and conditions of employment for the support employees. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issues before the Commission involved whether the enterprise agreement was made in good faith and whether it met the "better off overall test" as prescribed by the Fair Work Act 2009. Furthermore, the Commission had to assess if the agreement provided for procedural fairness and whether it contained the necessary minimum terms as stipulated by the Act. The union representatives argued that the agreement did not meet the requirements, while the employer contended that it did.

In its decision, the Commission found that the application for approval of the enterprise agreement was made in good faith. The Commission examined the evidence presented and considered the parties' submissions. The Commission determined that the agreement satisfied the better off overall test, as it provided for improved conditions for the support employees, including increased pay rates and better leave entitlements. The Commission also found that the agreement contained the necessary minimum terms and provided for procedural fairness. Consequently, the Commission approved the application for the enterprise agreement.

The Fair Work Commission approved the Mega Lifesciences (Australia) Pty Ltd and the Support Employees Enterprise Agreement 2015, finding that it met the requirements of the Fair Work Act 2009. The Commission found that the agreement was made in good faith, satisfied the better off overall test, and contained the necessary minimum terms and procedural fairness. The Commission's decision was made based on the evidence and submissions presented by both parties during the hearing.

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