Pfizer Perth Pty Ltd

[2014] FWCA 7406

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pfizer Perth Pty Ltd
(AG2014/8972)

PFIZER (PERTH) AND NATIONAL UNION OF WORKERS PHARMACEUTICAL OPERATOR AGREEMENT 2013

Pharmaceutical industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 20 OCTOBER 2014

Application for approval of the Pfizer (Perth) and National Union of Workers Pharmaceutical Operator Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Pfizer (Perth) and National Union of Workers Pharmaceutical Operator 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 Perth 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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The National Union of Workers, 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 20 October 2014 and, in accordance with s.54, will operate from 27 October 2014. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Pfizer Perth Pty Ltd was the applicant before the Fair Work Commission seeking approval of the Pfizer (Perth) and National Union of Workers Pharmaceutical Operator Agreement 2013. The respondent, the National Union of Workers, did not object to the approval of the agreement, but submitted that it contained some provisions which should be removed or amended. The issues before the Commission were whether the agreement should be approved in its entirety or whether any amendments should be made to the agreement to ensure it complied with the Fair Work Act 2009.

The Commission held that the agreement was in the best interests of the employees and should be approved. The Commission noted that the agreement contained a number of provisions that were consistent with those found in other similar agreements and that the parties had negotiated the agreement in good faith. The Commission also noted that the agreement contained a number of provisions that were designed to protect the rights of employees and to provide them with a fair and reasonable workplace. The Commission held that the agreement should be approved in its entirety and that no amendments were necessary.

The Commission approved the Pfizer (Perth) and National Union of Workers Pharmaceutical Operator Agreement 2013 in its entirety. The Commission held that the agreement was in the best interests of the employees and that it complied with the Fair Work Act 2009. The Commission also held that the agreement contained a number of provisions that were designed to protect the rights of employees and to provide them with a fair and reasonable workplace. The Commission approved the agreement on the basis that it was in the best interests of the employees and that it complied with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established