Shop, Distributive and Allied Employees Association

[2013] FWCA 4360

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Shop, Distributive and Allied Employees Association
(AG2013/7209)

JALCO PHARMACEUTICAL (KINGSGROVE) ENTERPRISE AGREEMENT 2013

Pharmaceutical industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 4 JULY 2013

Application for approval of the Jalco Pharmaceutical (Kingsgrove) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Jalco Pharmaceutical (Kingsgrove) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) .The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Shop, Distributive &Allied Employees’ Association, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 11 July 2013. The nominal expiry date of the Agreement is 30 September 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Shop, Distributive and Allied Employees Association, the Court was presented with an application to approve the Jalco Pharmaceutical (Kingsgrove) Enterprise Agreement 2013. The parties involved were the employer, Jalco Pharmaceutical, and the union, the Shop, Distributive and Allied Employees Association. The primary dispute centred on whether the terms and conditions set out in the enterprise agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Court included whether the agreement was made in good faith, whether it contained the necessary "pay and conditions" provisions, and whether it complied with the "better off overall test." The Court also needed to determine if the agreement adequately provided for the resolution of disputes and whether it included all necessary provisions required under the Fair Work Act.

The Court found that the enterprise agreement was made in good faith and contained all necessary provisions. It was determined that the agreement met the better off overall test, ensuring that the employees were not worse off financially. The Court also found that the dispute resolution provisions were adequate and that all required provisions were included in the agreement. Consequently, the Court approved the Jalco Pharmaceutical (Kingsgrove) Enterprise Agreement 2013.

The Court's final orders included the approval of the enterprise agreement as compliant with the Fair Work Act. The agreement was deemed to be in the best interests of the employees and met all statutory requirements for approval. The decision was based on the comprehensive nature of the agreement and its alignment with the legislative framework governing enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established