DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pfizer Australia Pty Ltd
(AG2016/5818)

PFIZER AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2016

Pharmaceutical industry
COMMISSIONER CIRKOVIC	MELBOURNE, 14 NOVEMBER 2016

Application for approval of the Pfizer Australia Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Pfizer Australia Pty Ltd Enterprise Agreement 2016 (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] 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 is approved and, in accordance with s.54 of the Act, will operate from 21 November 2016. The nominal expiry date of the Agreement is 30 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Pfizer Australia Pty Ltd applied to the Fair Work Commission for the approval of an enterprise agreement. The application was contested by the Health Services Union of Australia, which argued that the agreement did not meet the requirements for approval under the Fair Work Act 2009. The dispute centred on several provisions of the proposed agreement, including those relating to pay rates, working conditions, and the resolution of disputes.

The central legal issues revolved around whether the enterprise agreement complied with the statutory requirements for approval, including whether it was genuinely negotiated and whether it met the "better off overall test". The "better off overall test" requires that the overall financial and non-financial benefits of the agreement outweigh the disadvantages, for employees covered by the agreement compared to their entitlements under the relevant award. The court had to consider whether the agreement provided sufficient protections and benefits to the employees, and whether it was genuinely negotiated in good faith between the employer and the union.

The Fair Work Commission found that the agreement did meet the statutory requirements for approval. The Commission determined that the agreement was genuinely negotiated and met the better off overall test. The Commission also found that the agreement provided sufficient protections and benefits to the employees, and that it was in the best interests of the employees to approve the agreement. The Commission approved the enterprise agreement, finding that it complied with the relevant provisions of the Fair Work Act.

The Commission's decision was based on a detailed analysis of the provisions of the agreement, the evidence presented by both parties, and the relevant legal principles. The Commission found that the agreement provided for a fair and reasonable outcome for both the employer and the employees, and that it met the requirements for approval under the Fair Work Act. The Commission's decision was based on a careful consideration of the evidence and the relevant legal principles, and it provides important guidance for future enterprise agreements in the industry.

Pfizer 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