DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pax Australia Pty Limited
(AG2018/5682)

PAX AUSTRALIA - AWU ENTERPRISE BARGAINING AGREEMENT 2018

Pharmaceutical industry
COMMISSIONER JOHNS	MELBOURNE, 14 MARCH 2019

Application for approval of the PAX Australia - AWU Enterprise Bargaining Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the PAX Australia - AWU Enterprise Bargaining 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 Pax Australia Pty Limited. 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 Australian Workers’ Union (AWU) 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 21 March 2019. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Pax Australia Pty Limited, represented by its director, applied for the approval of the PAX Australia - AWU Enterprise Bargaining Agreement 2018 under the Fair Work Act 2009. The Australian Workers' Union was the other party involved in this case, which was heard in the Fair Work Commission. The primary dispute centred around whether the agreement contained provisions that were not genuinely bargained between the parties and whether it failed to meet the 'better off overall test' (BOOT) required for approval under the Act.

The legal issues before the Commission included determining if the agreement contained genuine terms and conditions of employment that were the product of genuine bargaining and if the agreement met the BOOT. The Commission also needed to assess whether the agreement provided for a safety net of minimum entitlements for employees and whether it was consistent with the principles of the national workplace relations system. The applicant argued that the agreement was the product of genuine bargaining and met the BOOT, while the respondent raised concerns about the agreement's provisions and its compliance with the Act.

The Commission found that the agreement contained genuine terms and conditions of employment that were the product of genuine bargaining and met the BOOT. It concluded that the agreement provided for a safety net of minimum entitlements for employees and was consistent with the principles of the national workplace relations system. The Commission approved the agreement, noting that it balanced the interests of both parties and provided for fair and reasonable terms and conditions of employment. The decision was based on the evidence presented and the Commission's assessment of the agreement's provisions.

The Fair Work Commission approved the PAX Australia - AWU Enterprise Bargaining Agreement 2018, finding it to be the product of genuine bargaining and meeting the better off overall test. The agreement was deemed to provide for a safety net of minimum entitlements for employees and to be consistent with the principles of the national workplace relations system.

Pax Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established