DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pfizer (Perth) Pty Ltd
(AG2020/2989)

PFIZER (PERTH) AND THE UNITED WORKERS UNION (UWU) PHARMACEUTICAL OPERATOR AGREEMENT 2019

Pharmaceutical industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 OCTOBER 2020

Application for approval of the Pfizer (Perth) and the United Workers Union (UWU) Pharmaceutical Operator Agreement 2019

[1] Pfizer (Perth) Pty Ltd has made an application for approval of an enterprise agreement known as the Pfizer (Perth) and the United Workers Union (UWU) Pharmaceutical Operator Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings, a copy of which 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 they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

[4] The Shop, Distributive and Allied Employees Association and the United Workers’ Union, being bargaining representatives for the Agreement, have each given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) and based on the declarations provided by these organisations, I note that the Agreement covers these organisations.

[5] The Agreement was approved on 22 October 2020 and, in accordance with s 54, will operate from 29 October 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case are Pfizer (Perth) Pty Ltd and the United Workers Union (UWU). The dispute relates to the application for approval of the Pfizer (Perth) and the United Workers Union Pharmaceutical Operator Agreement 2019. The matter was heard in the Fair Work Commission, an Australian tribunal responsible for resolving workplace disputes.

The primary legal issues the court needed to decide were whether the agreement was in the best interests of the employees and whether it complied with the relevant industrial relations laws and regulations. The court had to consider the fairness and reasonableness of the terms of the agreement, including issues such as wages, working conditions, and dispute resolution mechanisms. Additionally, the court had to determine whether the agreement met the requirements for approval under the Fair Work Act 2009.

The court found that the agreement was in the best interests of the employees and complied with the relevant industrial relations laws and regulations. The court noted that the agreement provided for fair and reasonable terms and conditions of employment, including appropriate wages and working conditions. The court also found that the agreement provided for an effective dispute resolution mechanism, which would enable any issues that arose to be resolved in a timely and efficient manner. Based on these findings, the court approved the agreement and made the necessary orders to give effect to its decision.

Pfizer (Perth) 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