DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2015/6074)

NUTRITION CARE PHARMACEUTICALS AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2015

Pharmaceutical industry
COMMISSIONER GREGORY	MELBOURNE, 17 NOVEMBER 2015

Application for approval of the Nutrition Care Pharmaceuticals and National Union of Workers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Nutrition Care Pharmaceuticals and National Union of Workers 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 National Union of Workers. 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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] 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.

[6] The National Union of Workers, 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) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 November 2015. The nominal expiry date of the Agreement is 1 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The National Union of Workers sought approval of the Nutrition Care Pharmaceuticals and National Union of Workers Enterprise Agreement 2015 in the Fair Work Commission. The dispute arose as the union argued that the enterprise agreement contained terms that were more favourable than those provided in the applicable awards, and thus, should be registered under the Fair Work Act 2009. The employer, Nutrition Care Pharmaceuticals, did not oppose the application but raised concerns about certain provisions.

The central legal issue was whether the terms of the enterprise agreement were procedurally and substantively compliant with the requirements of the Fair Work Act. The union had to demonstrate that the agreement was made in good faith and that the terms were fair and reasonable. The employer's concerns about certain provisions needed to be weighed against the union's arguments for their inclusion.

The Commission found that the union had met its burden of proving that the agreement was made in good faith. It considered the process by which the agreement was negotiated, the nature of the terms, and the context in which they were agreed. The Commission determined that the terms were fair and reasonable, taking into account the employer's concerns. Consequently, the application for approval of the enterprise agreement was successful. The Commission ordered the registration of the Nutrition Care Pharmaceuticals and National Union of Workers Enterprise Agreement 2015.

National Union of Workers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established