DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mega Lifesciences (Australia) Pty Ltd T/A Mega Products Australia Pty Ltd
(AG2015/3214)

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

Pharmaceutical industry
COMMISSIONER ROE	MELBOURNE, 17 JULY 2015

Application for approval of the Mega Lifesciences (Australia) Pty. Ltd. and the 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 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 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Mega Lifesciences (Australia) Pty Ltd trading as Mega Products Australia Pty Ltd, sought approval of an Enterprise Agreement under the Fair Work Act 2009. The application was heard in the Fair Work Commission. The primary dispute centred around the terms of the Enterprise Agreement 2015 and whether it complied with the statutory requirements under the Fair Work Act. Specifically, the applicant sought to confirm the agreement's validity and enforceability, while the respondent raised concerns about certain clauses impacting employee rights and conditions.

The legal issues before the Commission involved determining whether the Enterprise Agreement met the criteria for 'simplicity, clarity and accessibility', as well as ensuring it did not contain any provisions that would undermine the safety and health of employees. Additionally, the Commission had to assess whether the agreement had been fairly negotiated and whether it provided appropriate protections for employees, particularly in relation to pay rates, conditions, and dispute resolution mechanisms.

The Fair Work Commission concluded that the Enterprise Agreement 2015 complied with the statutory requirements under the Fair Work Act. The Commission found that the agreement was clear, accessible, and had been fairly negotiated. The Commission also determined that the agreement provided appropriate protections for employees, including adequate pay rates and conditions. The concerns raised by the respondent regarding certain clauses were addressed and resolved in a manner that satisfied the statutory requirements. Consequently, the Commission approved the Enterprise Agreement 2015 and issued a certificate of registration.

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