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

[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

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.

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

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).

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.

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.

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.

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.

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.

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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CaseChat Overview and Summary

In the case of Mega Lifesciences (Australia) Pty Ltd T/A Mega We Care, the Fair Work Commission was tasked with approving the proposed Mega Lifesciences Enterprise Agreement 2021. The dispute arose from the negotiation between the employer and the employees represented by the Health Services Union of Australia, Australian Nursing and Midwifery Federation, and the Australian Manufacturing Workers Union. The primary focus of the application was whether the terms and conditions of the proposed agreement met the requirements set out in the Fair Work Act 2009.

The court was required to determine whether the proposed agreement provided for minimum rates of pay, maximum weekly hours, public holidays, and other conditions as stipulated in the Act. Furthermore, the court had to consider whether the agreement met the genuine agreement test, which ensures that the agreement was made in good faith and not under duress or coercion. The court also needed to evaluate whether the agreement complied with the Better Off Overall Test (BOOT) to ensure that the employees would be no worse off financially by the terms of the agreement.

The Fair Work Commission found that the proposed agreement met all the legislative requirements. The agreement provided for the minimum rates of pay, maximum weekly hours, and other conditions as per the Act. The court was satisfied that the agreement was made in good faith and met the BOOT, as the employees would not be worse off financially. Consequently, the court approved the Mega Lifesciences Enterprise Agreement 2021, finding it to be compliant with the Fair Work Act 2009.

The Fair Work Commission approved the Mega Lifesciences Enterprise Agreement 2021, and it became effective on the date of the decision. The approval ensures that the terms and conditions of the agreement will apply to the employees, and both parties must adhere to the provisions set out in the agreement.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established