| [2025] FWCA 1860 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Selborne Biological Services (Australia) Pty Ltd
(AG2025/1162)
SELBORNE BIOLOGICAL SERVICES ENTERPRISE AGREEMENT 2024
| Pharmaceutical industry | |
| COMMISSIONER YILMAZ | MELBOURNE, 3 JUNE 2025 |
Application for approval of the Selborne Biological Services Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Selborne Biological Services Enterprise 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 Selborne Biological Services (Australia) Pty Ltd. The Agreement is a single enterprise agreement.
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. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.
The Agreement is approved and in accordance with s.54, will operate from 10 June 2025. The nominal expiry date of the Agreement is 30 June 2027.
COMMISSIONER
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<AE529251 PR787858>
Annexure A
- AGLC
- Selborne Biological Services (Australia) Pty Ltd [2025] FWCA 1860
- Case
- [2025] FWCA 1860
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the proposed agreement met the criteria for approval under section 230 of the Fair Work Act. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions of employment, and if it was made in good faith. This included examining the provisions regarding pay rates, leave entitlements, and other conditions of employment.
The Fair Work Commission assessed the proposed agreement against the relevant statutory provisions and found that it provided for fair and reasonable terms and conditions of employment. The Commission noted that the agreement included provisions for a fair pay increase, adequate leave entitlements, and other conditions that were consistent with industry standards. The Commission was satisfied that the agreement was made in good faith and that the parties had negotiated in a manner that was appropriate and reasonable. Based on these findings, the Commission approved the agreement.
The Fair Work Commission approved the Selborne Biological Services Enterprise Agreement 2024, effective from 1 July 2024. The approval ensures that the terms of the agreement will provide fair and reasonable conditions of employment for the employees of Selborne Biological Services, while also meeting the statutory requirements under the Fair Work Act.
Orders
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Background
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Evidence
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