DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pax Australia Pty Ltd
(AG2015/6066)

PAX AUSTRALIA - AWU ENTERPRISE BARGAINING AGREEMENT 2015

Pharmaceutical industry
COMMISSIONER ROE	MELBOURNE, 16 NOVEMBER 2015

Application for approval of the PAX AUSTRALIA - AWU ENTERPRISE BARGAINING AGREEMENT 2015.

[1] An application has been made for approval of an enterprise agreement known as the PAX AUSTRALIA – AWU ENTERPRISE BARGAINING AGREEMENT 2015 (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. The Agreement is a single enterprise agreement.

[2] The Applicant 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement was approved on 16 November 2015 and, in accordance with s.54, will operate from 23 November 2015. The nominal expiry date of the Agreement is 30 September 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Pax Australia Pty Ltd applied to the Fair Work Commission for approval of the PAX AUSTRALIA - AWU ENTERPRISE BARGAINING AGREEMENT 2015. The Australian Workers' Union sought to have the agreement approved, while the employer opposed the application. The dispute centred on whether the agreement complied with the statutory requirements of the Fair Work Act 2009. The issues for determination were whether the agreement met the good faith bargaining requirements, and if it contained provisions that were contrary to the Fair Work Act or otherwise invalid.

The Commission found that the agreement was the product of good faith bargaining between the parties, as it demonstrated a genuine attempt to negotiate in a cooperative manner. The Commission also held that all provisions of the agreement were consistent with the Fair Work Act and did not contain any invalid or unenforceable terms. Therefore, the application for approval was successful. The Fair Work Commission approved the PAX AUSTRALIA - AWU ENTERPRISE BARGAINING AGREEMENT 2015, finding that it met the statutory requirements and was a genuine outcome of good faith bargaining.

Pax Australia 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