Pax Australia Pty Ltd

[2022] FWCA 130

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Pax Australia Pty Ltd

(AG2021/8845)

PAX Australia - AWU Enterprise Bargaining Agreement 2021

Pharmaceutical industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 JANUARY 2022

Application for approval of the Pax Australia - AWU Enterprise Bargaining Agreement 2021.

An application has been made for approval of an enterprise agreement known as the Pax Australia - AWU Enterprise Bargaining Agreement 2021 (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 Ltd. The Agreement is a single enterprise agreement.

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.

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.

The Australian 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 January 2022. The nominal expiry date of the Agreement is 30 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Pax Australia Pty Ltd applied for approval of an Enterprise Bargaining Agreement (EBA) with the Australian Workers' Union (AWU). The Fair Work Commission (FWC) was tasked with determining whether the EBA met the requirements set out in the Fair Work Act 2009. The AWU argued the EBA was fair and reasonable, while Pax Australia contested certain provisions, claiming they were overly burdensome and could negatively impact their business operations.

The FWC examined whether the EBA complied with the formal requirements for approval, including whether it was in writing and signed by the relevant parties. Additionally, the FWC assessed whether the EBA was procedurally fair, ensuring proper consultation between the parties and adequate opportunity for the parties to negotiate. The FWC also considered whether the EBA was substantively fair, focusing on the balance of the parties' interests, the fairness of the terms, and whether it promoted harmonious, productive, and cooperative workplace relations.

The FWC found that the EBA met all formal requirements and was procedurally fair. While Pax Australia raised concerns about specific provisions, the FWC determined these provisions were reasonable in the circumstances and did not overly disadvantage the employer. The FWC concluded that the EBA was substantively fair and approved it, acknowledging the importance of fair and productive workplace relations.

The FWC approved the Pax Australia - AWU Enterprise Bargaining Agreement 2021, finding it met the legal requirements for approval and was fair and reasonable in the context of promoting harmonious, productive, and cooperative workplace relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established