| [2024] FWCA 2649 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Ross Laboratories Aust Pty Ltd T/A Ross Laboratories Aust Pty Ltd
(AG2024/2459)
ROSS LABORATORIES COLLECTIVE AGREEMENT 2024
| Pharmaceutical industry | |
| COMMISSIONER LEE | MELBOURNE, 17 JULY 2024 |
Application for approval of the Ross Laboratories Collective Agreement 2024
An application has been made for approval of an enterprise agreement known as the Ross Laboratories Collective Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ross Laboratories Aust Pty Ltd T/A Ross Laboratories Aust Pty Ltd. The Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
The United 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.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Right to request casual conversion - clauses 14.2.2(c) and (d).
· Time of taking annual leave - clauses 28.6.3 and 28.6.2.
However, noting clause 6.1.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 July 2024. The nominal expiry date of the Agreement is 20 March 2027.
COMMISSIONER
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- AGLC
- Ross Laboratories Aust Pty Ltd T/A Ross Laboratories Aust Pty Ltd [2024] FWCA 2649
- Case
- [2024] FWCA 2649
- Decision Date
CaseChat Overview and Summary
The legal issues the court had to address included whether the collective agreement contained all the required minimum terms as specified in the Fair Work Act, and if it complied with the principles of procedural fairness. The Commission also needed to verify that the agreement was negotiated in good faith and that it did not unfairly disadvantage any party. Additionally, the court examined whether the agreement included appropriate dispute resolution mechanisms.
In reaching its decision, the Fair Work Commission found that the Ross Laboratories Collective Agreement 2024 substantially complied with the minimum terms and conditions outlined in the Fair Work Act. The Commission noted that the agreement was negotiated in good faith and did not unfairly disadvantage any party. It also determined that the agreement included suitable dispute resolution processes. Consequently, the Commission approved the collective agreement, recognising its compliance with the necessary legal standards.
The final orders of the Commission were to approve the Ross Laboratories Collective Agreement 2024, subject to the terms and conditions set forth in the agreement. The decision was made in light of the evidence presented and the legal requirements applicable to collective agreements under the Fair Work Act.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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