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

[2022] FWCA 1175

[2022] FWCA 1175

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/935)

Mega Lifesciences Enterprise Agreement 2021

Pharmaceutical industry
COMMISSIONER CIRKOVIC	MELBOURNE, 4 APRIL 2022

Application for approval of the Mega Lifesciences Enterprise Agreement 2021

1. Mega Lifesciences (Australia) Pty Ltd T/A Mega We Care (the Applicant) has made an application for approval of an enterprise agreement known as the Mega Lifesciences Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 31 March 2022.

1. On 31 March 2022, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

·  The definitions of shiftworker contained at clauses 8 and 24.1 of the Agreement did not indicate that the definition applied for the purposes of the National Employment Standards (NES).

1. The Applicant has submitted an undertaking in the required form dated 1 April 2022. The undertaking deals with the following topics:

·  The definition of shiftworker contained at clause 8 and clause 24.1 of the Agreement describes a shiftworker for the purposes of the National Employment Standards (NES) contained in the Act.

1. A copy of the undertaking has been provided to the bargaining representative and I have sought its view in accordance with s.190(4) of the Act. The bargaining representative responded that it did not oppose the undertaking.

1. 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.

1. The United Workers Union (UWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 January 2025.

COMMISSIONER

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