Slade Health Pty Ltd Trading AS Slade Health

[2025] FWCA 2673

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Slade Health Pty Ltd Trading AS Slade Health

(AG2025/2505)

SLADE HEALTH PTY LTD PRODUCTION ENTERPRISE AGREEMENT – QUEENSLAND

Pharmaceutical industry
COMMISSIONER HUNT	BRISBANE, 11 AUGUST 2025

Application for approval of the Slade Health Pty Ltd Production Enterprise Agreement – Queensland

Slade Health Pty Ltd T/A Slade Health (the Employer) has applied for approval of an enterprise agreement known as the Slade Health Pty Ltd Production Enterprise Agreement – Queensland (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.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 15 January 2025 and the Agreement was made on 18 July 2025. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the United Workers’ Union (UWU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The UWU advised that it did not object to the Employer’s undertakings and that it supported approval of the Agreement.

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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

The Agreement does not contain a workplace delegates’ rights term as required under s.205A of the Act for agreements made on or after 1 July 2024. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Road Transport and Distribution Award 2020 is attached to the Agreement and taken to be a term of it.

I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The UWU, being a bargaining representative for the Agreement, has given notice under s.183 it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the UWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 August 2025. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

In this case, the applicant, Slade Health Pty Ltd trading as Slade Health, applied for the approval of the Slade Health Pty Ltd Production Enterprise Agreement – Queensland. This application was lodged with the Fair Work Commission in accordance with the Fair Work Act 2009. The dispute arose as the applicant sought to have the proposed agreement, which was to be applicable to its employees, formally approved under the Act.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements of section 230 of the Fair Work Act. This section stipulates that for an agreement to be approved, it must ensure employees are treated fairly at work, provide for minimum terms and conditions of employment, and be free from prohibited content. The Commission had to consider whether the proposed agreement satisfied these criteria.

The Fair Work Commission examined the proposed agreement, taking into account the submissions made by the applicant and any other relevant parties. The Commission noted that the agreement included terms on wages, hours of work, leave, and other employment conditions. The Commission was satisfied that the agreement provided for the minimum terms and conditions required by law and did not include any content that was prohibited under the Act. Consequently, the Commission approved the proposed enterprise agreement, finding it to be fair and compliant with the statutory requirements.

As a result of this decision, the Fair Work Commission approved the Slade Health Pty Ltd Production Enterprise Agreement – Queensland, and it will now be applicable to the employees of the applicant. The terms of the agreement will provide a framework for the employment conditions of the relevant workers, ensuring they are treated fairly and in accordance with the provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established