National Union of Workers Summary

[2014] FWCA 8320

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2014/7585)

GLAXOSMITHKLINE AUSTRALIA PTY LTD (PT FAIRY) AND NATIONAL UNION OF WORKERS COMPREHENSIVE AGREEMENT 2014

Pharmaceutical industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 20 NOVEMBER 2014

Application for approval of the GlaxoSmithKline Australia Pty Ltd (Pt Fairy) And National Union of Workers Comprehensive Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the GlaxoSmithKline Australia Pty Ltd (Pt Fairy) And National Union of Workers Comprehensive Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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 was approved on 20 November 2014 and, in accordance with s.54, will operate from 27 November 2014. The nominal expiry date of the Agreement is 18 April 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of a comprehensive agreement between GlaxoSmithKline Australia Pty Ltd and the National Union of Workers. The union sought to have the agreement, which was reached through conciliation and arbitration processes, formally approved and registered as a lawful and binding instrument. The Commission was tasked with examining the agreement to ensure it complied with the Fair Work Act 2009 and other relevant legislation, and that it was made in good faith and without coercion.

The legal issues central to the decision included whether the agreement was indeed a genuine product of conciliation and arbitration, whether it met the formal requirements for registration under the Fair Work Act, and whether it provided fair terms and conditions for the employees it covered. The Commission needed to consider whether the agreement was made without any improper influence or duress, and if it adequately represented the interests of the employees involved. Additionally, the court had to ensure that the agreement did not contravene any provisions of the Act or impose any terms that were detrimental to the employees.

In its reasoning, the Commission found that the agreement was a genuine product of conciliation and arbitration, as it was reached through a process that involved meaningful negotiation between the parties. The Commission concluded that the agreement was made in good faith and without any coercion, and it satisfied all formal requirements for registration under the Act. The terms of the agreement were deemed to be fair and reasonable, providing adequate protections and benefits for the employees. The Commission approved the agreement and ordered its registration as a lawful and binding instrument between the parties.

National Union of Workers

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established