National Union of Workers Summary

[2013] FWCA 5830

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2013/7734)

MERCK PTY LIMITED - NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2013

Pharmaceutical industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 16 AUGUST 2013

Application for approval of the Merck Pty Limited - National Union of Workers Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Merck Pty Limited - National Union of Workers Enterprise Agreement 2013 (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 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.

[5] The Agreement was approved on 15 August 2013 and, in accordance with s.54, will operate from 22 August 2013. The nominal expiry date of the Agreement is 31 March 2015.

DEPUTY PRESIDENT

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ANNEXURE A

CaseChat Overview and Summary

The National Union of Workers sought approval of an enterprise agreement with Merck Pty Limited. The application was heard in the Fair Work Commission, where the union argued the agreement was fair and reasonable. Merck Pty Limited contested the approval, arguing that certain provisions were not fair and reasonable. The legal issues before the Commission involved assessing whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement was fair and reasonable, and whether it complied with relevant industrial laws.

The Fair Work Commission assessed the agreement based on several factors, including the fairness of its terms and conditions, and whether it complied with the statutory requirements of the Fair Work Act. The Commission examined the process through which the agreement was made, considering the bargaining positions of the parties and the fairness of the negotiation process. The Commission also evaluated the substantive provisions of the agreement, including wages, hours of work, and other conditions of employment. The Commission found that the agreement was fair and reasonable, as it provided for a balanced and equitable outcome for both parties, and that it complied with the relevant industrial laws. The Commission approved the enterprise agreement, finding it met the criteria for approval under the Fair Work Act.

In light of the findings, the Fair Work Commission approved the Merck Pty Limited - National Union of Workers Enterprise Agreement 2013. The agreement was registered with the Commission, and it became legally binding on the parties. The decision provides guidance for future enterprise agreements and reinforces the importance of fair and reasonable bargaining in the Australian industrial relations system. The outcome ensures that the rights and interests of both employers and employees are protected, and that the agreement is in compliance with relevant laws and regulations.

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