PAX Australia Pty Ltd Summary

[2018] FWCA 1246

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

PAX Australia Pty Ltd

(AG2017/4755)

PAX Australia - AWU Enterprise Bargaining Agreement 2017

Pharmaceutical industry
Deputy President Colman	MELBOURNE, 1 MARCH 2018

Application for approval of the PAX Australia - AWU Enterprise Bargaining Agreement 2017.

An application has been made for approval of an enterprise agreement known as the PAX Australia - AWU Enterprise Bargaining Agreement 2017 (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.

On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 1 March 2018 and, in accordance with s.54, will operate from 8 March 2018. The nominal expiry date of the Agreement is 30 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

PAX Australia Pty Ltd sought approval of the PAX Australia - AWU Enterprise Bargaining Agreement 2017. The Australian Workers' Union (AWU) brought the application on behalf of its members employed by PAX Australia Pty Ltd, and the application was opposed by PAX Australia Pty Ltd. The Fair Work Commission was the court responsible for determining the matter.

The central legal issue before the Commission was whether the terms of the enterprise bargaining agreement were fair and reasonable, and met the criteria for approval under the Fair Work Act 2009. The Commission needed to consider the balance of the agreement, whether it provided for the fair and equitable treatment of employees, and whether it promoted workplace efficiency and productivity.

After considering the evidence and submissions, the Commission found that the enterprise bargaining agreement was fair and reasonable. The agreement provided for appropriate terms and conditions of employment, including provisions for pay, leave, and other entitlements, which were considered to be fair and reasonable. The Commission also found that the agreement promoted workplace efficiency and productivity, and provided for the fair and equitable treatment of employees. The opposition raised by PAX Australia Pty Ltd was unsuccessful, and the application for approval of the enterprise bargaining agreement was granted.

The Fair Work Commission approved the PAX Australia - AWU Enterprise Bargaining Agreement 2017, effective from the date of the decision. The approval of the agreement ensures that the terms and conditions of employment for the employees of PAX Australia Pty Ltd are fair and reasonable, and promotes workplace efficiency and productivity. The decision of the Commission is final and binding on the parties.

PAX Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established