Pfizer Australia Pty Ltd

[2013] FWCA 7285

The attached document replaces the document previously issued with the above code on 20 September 2013

The last paragraph of the decision has been renumbered as [5]

Bronwyn Brown

Associate to Deputy President Lawrence

Dated 20 September 2013

[2013] FWCA 7285

FAIR WORK COMMISSION

DECISION

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

Pfizer Australia Pty Ltd
(AG2013/8847)

PFIZER AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2013

Pharmaceutical industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 20 SEPTEMBER 2013

Application for approval of the Pfizer Australia Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Pfizer Australia Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pfizer Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] A written undertaking dated 9 September 2013 confirming that the dispute resolution procedure in the agreement applies to disputes arising under the National Employment Standards has been received from the employer. Pursuant to s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is annexed to this decision and to the Agreement.

[4] 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.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 27 September 2013. The nominal expiry date of the Agreement is 1 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE

CaseChat Overview and Summary

The case before the Fair Work Commission (FWC) involved Pfizer Australia Pty Ltd, an employer, and the Health Services Union of Australia (HSU), a registered trade union. The dispute centred on the application for approval of the Pfizer Australia Pty Ltd Enterprise Agreement 2013. The FWC was tasked with determining whether the agreement met the requirements for registration under the Fair Work Act 2009, particularly focusing on whether the agreement provided for the fair and reasonable terms of employment as mandated by section 235 of the Act.

The key legal issues the FWC needed to address were whether the agreement complied with the statutory requirements for approval, specifically whether it contained all the mandatory terms as stipulated in the Fair Work Regulations 2009, and whether it provided for terms and conditions that were fair and reasonable. The FWC also had to consider whether the agreement met the threshold for being a “single interest” employer agreement and whether it was consistent with the objects of the Act. The HSU argued that the agreement did not adequately address certain issues, including pay equity and classification of roles, while Pfizer contended that the agreement was comprehensive and fair.

The FWC, after reviewing the submissions and evidence from both parties, concluded that the agreement contained all the mandatory terms required by the Fair Work Regulations 2009 and was consistent with the objects of the Act. The FWC found that the agreement was fair and reasonable and met the threshold for approval under the Fair Work Act 2009. The FWC highlighted that the agreement provided for appropriate classification and remuneration structures, and addressed key employment terms such as hours of work, leave entitlements, and dispute resolution mechanisms. The FWC also determined that the agreement adequately represented the interests of the employees within the scope of a single interest employer agreement.

Following the FWC's determination, the Pfizer Australia Pty Ltd Enterprise Agreement 2013 was approved and registered, effective from the date of the decision. The approval meant that the agreement would now govern the employment conditions of the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established