DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Probiotec Limited T/A Probiotec (Australia) Pty Ltd
(AG2018/4887)

PROBIOTEC PHARMA PTY LTD ENTERPRISE AGREEMENT 2018

Pharmaceutical industry
COMMISSIONER LEE	MELBOURNE, 15 JANUARY 2019

Application for approval of the Probiotec Pharma Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Probiotec Pharma Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Probiotec Limited T/A Probiotec (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 January 2019. The nominal expiry date of the Agreement is 19 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Probiotec Limited trading as Probiotec Australia for approval of the Probiotec Pharma Pty Ltd Enterprise Agreement 2018. The applicant sought to have the agreement, which was entered into between the employer and the relevant union, certified as a registered agreement under the Fair Work Act 2009. The dispute centred around the validity and fairness of the terms set out in the agreement.

The primary legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act, particularly section 230, which mandates that an enterprise agreement must be certified as a registered agreement by the Commission if it is satisfied that the agreement is in the public interest and does not adversely affect employees. The Commission needed to assess whether the agreement met these criteria and if it was free from any unfair provisions that could negatively impact the employees.

The Fair Work Commission carefully examined the terms of the Probiotec Pharma Pty Ltd Enterprise Agreement 2018. The Commission noted that the agreement contained provisions that were generally consistent with industry standards and did not appear to be overly detrimental to the employees. The Commission further found that the agreement was not likely to have any adverse effect on the employees and that it was in the public interest. Accordingly, the Commission approved the application and certified the agreement as a registered agreement. The decision confirmed the validity of the terms and conditions set out in the agreement, thereby resolving the dispute.

Probiotec Limited T/A Probiotec (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