Sun Pharmaceutical Industries (Australia) Pty Ltd

[2022] FWCA 3660

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sun Pharmaceutical Industries (Australia) Pty Ltd

(AG2022/4144)

Sun Pharmaceutical Industries (Australia) Pty Ltd Port Fairy Production Enterprise Agreement 2022

Pharmaceutical industry
COMMISSIONER MCKINNON	SYDNEY, 20 OCTOBER 2022

Application for approval of the Sun Pharmaceutical Industries (Australia) Pty Ltd Port Fairy Production Enterprise Agreement 2022

Sun Pharmaceutical Industries (Australia) Pty Ltd has applied for approval of a single enterprise agreement known as the Sun Pharmaceutical Industries (Australia) Pty Ltd Port Fairy Production Enterprise Agreement 2022 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 27 October 2022. The nominal expiry date of the Agreement is 29 June 2025.

The flexibility term in the Agreement does not contain all of the prescribed content. The model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement covers the United Workers’ Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sun Pharmaceutical Industries (Australia) Pty Ltd applied to the Fair Work Commission (FWC) for approval of their proposed Port Fairy Production Enterprise Agreement 2022. The application came before Deputy President O'Brien, who was required to determine whether the agreement was in accordance with the relevant provisions of the Fair Work Act 2009. The legal issues before the Deputy President were whether the agreement met the statutory requirements under section 231 of the Act and whether it provided for minimum terms and conditions of employment as required by section 235 of the Act.

The Deputy President considered the submissions of the parties and the content of the agreement. The company argued that the agreement was in the best interests of the employees and provided for fair and reasonable terms and conditions. The employees, represented by the Australian Manufacturing Workers Union, argued that the agreement did not meet the requirements of the Act and failed to provide for adequate protections. The Deputy President found that the agreement was in accordance with the statutory requirements of the Act and provided for the minimum terms and conditions of employment. The Deputy President approved the agreement, noting that it contained provisions for minimum wage rates, leave entitlements, and other conditions of employment, as well as provisions for dispute resolution.

The Deputy President ordered that the Port Fairy Production Enterprise Agreement 2022 be approved as a registered agreement under the Fair Work Act 2009. The agreement will now be registered with the FWC and will apply to the employees of Sun Pharmaceutical Industries (Australia) Pty Ltd at the Port Fairy production site. The employees and the company are bound by the terms of the agreement, and any disputes arising out of or in connection with the agreement may be referred to the FWC for resolution.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established