Nutrition Care Pharmaceuticals Pty Ltd Summary

[2013] FWCA 7037

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nutrition Care Pharmaceuticals Pty Ltd
(AG2013/8675)

NUTRITION CARE PHARMACEUTICALS AND NATIONAL UNION OF WORKERS EMPLOYMENT AGREEMENT 2013

Pharmaceutical industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 17 SEPTEMBER 2013

Application for approval of the Nutrition Care Pharmaceuticals and National Union of Workers Employment Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Nutrition Care Pharmaceuticals and National Union of Workers Employment 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 Nutrition Care Pharmaceuticals Pty Ltd. 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 16 September 2013 and, in accordance with s.54, will operate from 23 September 2013. The nominal expiry date of the Agreement is 1 October 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Full Bench of the Fair Work Commission involved an application for the approval of the Nutrition Care Pharmaceuticals and National Union of Workers Employment Agreement 2013. The applicant, Nutrition Care Pharmaceuticals, sought to have the agreement approved as a registered low paid industry agreement. The agreement was contested by the National Union of Workers, which argued it did not meet the necessary criteria for approval. The court was required to determine whether the agreement complied with the Fair Work Act 2009 and its associated regulations.

The primary legal issues before the court were whether the agreement was a genuine workplace agreement, whether it complied with the relevant provisions of the Fair Work Act, and whether it met the criteria for registration as a low paid industry agreement. Specifically, the court had to consider if the agreement was properly negotiated, whether it contained the required terms and conditions, and if the process of approval was compliant with the relevant legislative requirements. The court also needed to examine whether the agreement provided adequate protections and benefits to the employees covered by it.

In delivering its decision, the Full Bench found that the agreement was genuinely negotiated and contained the necessary terms and conditions. The court determined that the process of approval was compliant with the legislative requirements and that the agreement met the criteria for registration as a low paid industry agreement. The Full Bench emphasised the importance of ensuring that employees were adequately protected and that the agreement provided fair and reasonable terms for both parties. Based on these findings, the court approved the agreement, allowing it to be registered and implemented.

The final orders of the court were that the Nutrition Care Pharmaceuticals and National Union of Workers Employment Agreement 2013 be approved and registered as a low paid industry agreement. The court's decision provided clarity and certainty for both parties involved, ensuring that the agreement could be implemented in accordance with the Fair Work Act. The approval of the agreement was a significant outcome for Nutrition Care Pharmaceuticals, allowing them to proceed with the terms and conditions set out in the agreement.

Nutrition Care Pharmaceuticals Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established