Pfizer (Perth) Pty Ltd

[2022] FWCA 4049

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Pfizer (Perth) Pty Ltd

(AG2022/4541)

Pfizer (Perth) and the United Workers Union (UWU) Pharmaceutical Operator Agreement 2022

Pharmaceutical industry
COMMISSIONER SIMPSON	BRISBANE, 18 NOVEMBER 2022

Application for approval of the Pfizer (Perth) and the United Workers Union (UWU) Pharmaceutical Operator Agreement 2022

An application has been made for approval of an enterprise agreement known as the Pfizer (Perth) and the United Workers Union (UWU) Pharmaceutical Operator Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pfizer (Perth) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 1.8 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The United Workers’ Union (UWU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the UWU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pfizer (Perth) Pty Ltd, a pharmaceutical company, and the United Workers Union (UWU), representing the interests of pharmaceutical operators, applied to the Federal Circuit and Family Court of Australia for approval of the Pfizer (Perth) and the United Workers Union Pharmaceutical Operator Agreement 2022. The agreement aimed to regulate employment terms and conditions for pharmaceutical operators employed by Pfizer (Perth). The union sought to ensure fair and just terms for its members, while Pfizer (Perth) aimed to establish a stable and productive workplace.

The primary legal issue before the court was whether the proposed agreement met the requirements under the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for fair and reasonable terms and conditions, and whether it complied with the relevant provisions of the Act. Additionally, the court considered whether the agreement was made in good faith and if it facilitated the primary purpose of the Act, which includes the promotion of high-paid and high-skilled jobs.

The court examined the provisions of the agreement, taking into account submissions from both parties. The court found that the agreement contained terms and conditions that were fair and reasonable, and that it was made in good faith. The agreement addressed key employment issues, including wages, working hours, leave entitlements, and dispute resolution mechanisms, in a manner that was considered just and equitable. The court also determined that the agreement facilitated the primary purpose of the Act by promoting a stable and productive workplace. Consequently, the court approved the agreement, ensuring that it would now be binding on the parties and their members.

The final order of the court was that the Pfizer (Perth) and the United Workers Union Pharmaceutical Operator Agreement 2022 was approved and registered under the Fair Work Act 2009. This decision provided certainty and stability for both Pfizer (Perth) and its employees, allowing them to operate under the terms of the agreed-upon employment conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established