DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2014/9952)

ENSIGN LABORATORIES AND NUW ENTERPRISE AGREEMENT 2014-2016

Pharmaceutical industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 9 FEBRUARY 2015

Application for approval of the Ensign Laboratories and NUW Enterprise Agreement 2014 -2016.

[1] An application has been made for approval of an enterprise agreement known as the Ensign Laboratories and NUW Enterprise Agreement 2014 -2016 (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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 9 February 2015 and, in accordance with s.54, will operate from 16 February 2015. The nominal expiry date of the Agreement is 30 September 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the National Union of Workers (NUW) and Ensign Laboratories, with the dispute being the application for approval of the Enterprise Agreement between the two parties for the period 2014 to 2016. The matter was heard in the Fair Work Commission (FWC). The key legal issues the FWC was tasked with deciding were whether the agreement complied with the relevant provisions of the Fair Work Act 2009, and whether the union had genuinely negotiated the agreement in good faith. These issues included scrutinising the agreement's terms, the process through which it was negotiated, and whether there was adequate representation of the employees' interests.

The FWC examined the provisions of the Fair Work Act and the specific criteria for the approval of an enterprise agreement. It considered the evidence presented by both parties regarding the negotiation process, the representation of employees, and the terms of the agreement. The FWC also evaluated whether the agreement met the genuine agreement test, which requires that the agreement was not made under duress or as a result of any form of coercion. Upon reviewing the evidence, the FWC found that the agreement was negotiated in good faith and complied with the necessary legal requirements. The terms of the agreement were fair and reasonable, and the process adhered to the provisions of the Act.

The FWC approved the Ensign Laboratories and NUW Enterprise Agreement 2014-2016, confirming that it met the criteria for genuine negotiation and compliance with the Fair Work Act. The decision underscored the importance of the good faith requirement in the negotiation of enterprise agreements and emphasised the FWC's role in ensuring that these agreements are fair and reasonable for all parties involved. The approval of the agreement meant that it would now govern the employment conditions between Ensign Laboratories and its employees represented by the NUW for the specified period.

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