DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nutrition Care Pharmaceuticals Pty Ltd T/A Nutrition Care Pharmaceuticals
(AG2019/684)

NUTRITION CARE PHARMACEUTICALS AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2018

Pharmaceutical industry
COMMISSIONER WILSON	MELBOURNE, 28 JUNE 2019

Application for approval of the Nutrition Care Pharmaceuticals and National Union of Workers Enterprise Agreement 2018.

[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 2018 (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 T/A Nutrition Care Pharmaceuticals. The Agreement is a single enterprise agreement.

[2] The Employer 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] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2019. The nominal expiry date of the Agreement is 1 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Nutrition Care Pharmaceuticals Pty Ltd, trading as Nutrition Care Pharmaceuticals, applied for the approval of the Nutrition Care Pharmaceuticals and National Union of Workers Enterprise Agreement 2018. The application was heard by the Fair Work Commission, which has jurisdiction over matters of this nature under the Fair Work Act 2009. The dispute centred on the terms and conditions of employment for the employees covered by the proposed enterprise agreement, which sought to regulate aspects such as wages, working hours, and other employment conditions.

The legal issues the court had to address included whether the proposed enterprise agreement complied with the statutory requirements set out in the Fair Work Act, particularly in terms of ensuring it did not prejudice employees or employers unduly. Additionally, the court examined whether the agreement provided for the fair and equitable treatment of employees, including appropriate consultation and negotiation processes. The court also needed to determine if the agreement met the ‘better off overall test,’ ensuring that no employee would be worse off under the new agreement compared to their existing conditions.

In its decision, the Fair Work Commission considered the submissions from both parties and the evidence presented. The court found that the proposed enterprise agreement did comply with the statutory requirements and provided for fair and equitable treatment of employees. The commission concluded that the agreement met the better off overall test, as it provided for improved terms and conditions for the employees without disadvantaging any party. Consequently, the commission approved the enterprise agreement, allowing it to come into effect as of the specified date.

The final orders of the Fair Work Commission were that the Nutrition Care Pharmaceuticals and National Union of Workers Enterprise Agreement 2018 be approved and registered under the Fair Work Act, with the agreement to be binding on all parties from the date of registration. The decision provides clarity and legal certainty for both the employer and employees, setting the terms and conditions of employment for the duration specified in the agreement.

Nutrition Care Pharmaceuticals Pty Ltd T/A Nutrition Care Pharmaceuticals

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established