Mega Lifesciences (Australia) Pty Ltd Summary

[2025] FWCA 2868

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Mega Lifesciences (Australia) Pty Ltd

(AG2025/2593)

MEGA LIFESCIENCES ENTERPRISE AGREEMENT 2025

Pharmaceutical industry
COMMISSIONER TRAN	MELBOURNE, 27 AUGUST 2025

Application for approval of the Mega Lifesciences Enterprise Agreement 2025

Mega Lifesciences (Australia) Pty Ltd has applied for approval of an enterprise agreement known as the Mega Lifesciences Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009 (Cth).

The Agreement is a single enterprise agreement.

Clause 5.2 of the Agreement gives precedence to the National Employment Standards and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Employer has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The United Workers' Union (UWU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the UWU.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 3 September 2025.

In accordance with clause 3.1, the nominal expiry date of the Agreement is 30 January 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

Mega Lifesciences (Australia) Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The applicant, Mega Lifesciences, sought to implement the terms of the Mega Lifesciences Enterprise Agreement 2025. The primary dispute involved whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to the certification process and whether the agreement covered a genuinely independent bargaining unit.

The key legal issues before the Commission were whether the agreement was genuinely made between the parties, whether it was made in good faith, and whether it complied with the procedural requirements of the Act. Additionally, the Commission considered whether the proposed agreement was in the best interests of the employees involved and whether it met the standards for a fair and independent agreement.

The Commission found that the agreement was genuinely made between the parties, and that it was made in good faith. The agreement was found to comply with the procedural requirements of the Act, including the requirement for a majority of employees to vote in favour of the agreement. The Commission also found that the agreement was in the best interests of the employees and met the standards for a fair and independent agreement. The Commission approved the agreement, finding that it provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement.

The Commission approved the Mega Lifesciences Enterprise Agreement 2025, subject to certain conditions. The conditions included a requirement for the applicant to provide regular reports to the Commission on the implementation of the agreement and to ensure that any changes to the agreement were made in accordance with the Act. The applicant was also required to provide a copy of the agreement to the Commission within 28 days of its approval.

Mega Lifesciences (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established