DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nutrition Care Pharmaceuticals Pty Ltd
(AG2021/6000)

NUTRITION CARE PHARMACEUTICALS AND UNITED WORKERS’ UNION ENTERPRISE AGREEMENT 2020

Pharmaceutical industry
COMMISSIONER YILMAZ	MELBOURNE, 21 JULY 2021

Application for approval of the Nutrition Care Pharmaceuticals and United Workers’ Union Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Nutrition Care Pharmaceuticals and United Workers’ Union Enterprise Agreement 2020 (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 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. The undertakings are taken to be a term of 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The United Workers’ Union 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 is approved and in accordance with s.54, will operate from 28 July 2021. The nominal expiry date of the Agreement is 1 November 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Nutrition Care Pharmaceuticals Pty Ltd applied for the approval of the Nutrition Care Pharmaceuticals and United Workers’ Union Enterprise Agreement 2020. The application was brought before the Fair Work Commission. The union and the employer had entered into an enterprise agreement that sought to govern the terms and conditions of employment for certain employees of the company. The union argued that the agreement should be approved as it represented a fair and reasonable outcome for both parties, while the company contested the application, raising various objections.

The primary legal issue before the Commission was whether the terms of the proposed enterprise agreement were fair and reasonable, as required under the Fair Work Act 2009. The Commission had to consider whether the agreement complied with the statutory provisions and whether it met the ‘better off overall test’. This test required the Commission to determine whether employees would be better off overall under the proposed agreement compared to the applicable award or registered agreement.

After carefully reviewing the evidence presented by both parties and considering the statutory requirements, the Commission found that the enterprise agreement met the criteria for approval. The Commission determined that the agreement was fair and reasonable, as it provided for adequate protections for employees while also allowing the company to operate effectively. The agreement contained provisions for minimum wages, penalty rates, leave entitlements, and other employment conditions that were considered to be in line with industry standards and practices. Additionally, the Commission was satisfied that the agreement met the better off overall test, as it provided for improvements in certain areas, such as increased leave entitlements, while ensuring that employees were not worse off in other areas.

The Fair Work Commission approved the Nutrition Care Pharmaceuticals and United Workers’ Union Enterprise Agreement 2020, determining that it was fair and reasonable and met the statutory requirements under the Fair Work Act 2009. The agreement would now govern the employment conditions of the relevant employees, providing them with a clear understanding of their rights and obligations, as well as the employer’s responsibilities. The decision highlights the importance of both parties working collaboratively to reach a fair and reasonable outcome that benefits all stakeholders involved.

Nutrition Care Pharmaceuticals Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established