OCM Equipment Pty Ltd Summary

[2014] FWCA 522

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

GlaxoSmithKline Australia Pty Ltd
(AG2013/12769)

GLAXOSMITHKLINE (GSK) SYDNEY ENTERPRISE AGREEMENT 2013 - 2016

Pharmaceutical industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 21 JANUARY 2014

Application for approval of the GlaxoSmithKline (GSK) Sydney Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the GlaxoSmithKline (GSK) Sydney Enterprise Agreement 2013 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union and the Shop, Distributive and Allied Employees’ Association, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers those organisations.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 28 January 2014. The nominal expiry date of the Agreement is29 August 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, OCM Equipment Pty Ltd, acting as the employer, applied for approval of the GlaxoSmithKline (GSK) Sydney Enterprise Agreement 2013-2016. The applicant sought to have the agreement certified as an updated and modernised version of a previous enterprise agreement, which had been in place since 2010. The application arose as part of the process to ensure the terms and conditions of employment within the company were fair and reasonable, and met the requirements of the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement complied with the criteria for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement was in the public interest, and whether it provided for fair and reasonable terms and conditions of employment. The Commission also needed to consider if the agreement provided for fair and reasonable terms for the employees, and whether it was consistent with the principles of enterprise bargaining.

After examining the proposed agreement, the Commission found that the GSK Sydney Enterprise Agreement 2013-2016 met the necessary criteria for approval. The Commission considered the agreement to be in the public interest, as it provided for fair and reasonable terms and conditions of employment for the employees. The Commission noted that the agreement contained provisions that addressed key areas of concern for the employees, such as wages, leave entitlements, and working conditions. Furthermore, the agreement was consistent with the principles of enterprise bargaining, as it had been negotiated in good faith between the employer and the employees' representative.

As a result, the Commission approved the GSK Sydney Enterprise Agreement 2013-2016. The agreement now serves as the updated and modernised version of the previous enterprise agreement, and will govern the terms and conditions of employment for the employees within the company for the specified period.

OCM Equipment Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established