DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sun Pharmaceutical Industries (Australia) Pty Ltd
(AG2020/2694)

SUN PHARMACEUTICAL INDUSTRIES (AUSTRALIA) PTY LTD LATROBE SITE ENTERPRISE AGREEMENT 2020

Pharmaceutical industry
COMMISSIONER YILMAZ	MELBOURNE, 8 OCTOBER 2020

Application for approval of the Sun Pharmaceutical Industries (Australia) Pty Ltd Latrobe Site Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Sun Pharmaceutical Industries (Australia) Pty Ltd Latrobe Site Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sun Pharmaceutical Industries (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the United Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54, will operate from 15 October 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Sun Pharmaceutical Industries (Australia) Pty Ltd, a pharmaceutical company, and a number of its employees. The dispute pertains to the approval of the Sun Pharmaceutical Industries (Australia) Pty Ltd Latrobe Site Enterprise Agreement 2020. The application was heard in the Fair Work Commission of Australia. The legal issues that the court was required to decide were whether the agreement met the necessary requirements under the Fair Work Act 2009, and if it was fair and reasonable for the employees.

The court examined the agreement in detail to determine if it complied with the legislative requirements and whether it provided a fair and reasonable outcome for the employees. The agreement was assessed against the criteria set out in the Fair Work Act 2009. The court also considered whether the agreement provided appropriate protections for employees, such as minimum wages, leave entitlements, and dispute resolution mechanisms. After thorough analysis, the court determined that the agreement met all the necessary requirements and was fair and reasonable for the employees.

The Fair Work Commission approved the Sun Pharmaceutical Industries (Australia) Pty Ltd Latrobe Site Enterprise Agreement 2020, finding that it complied with the Fair Work Act 2009 and provided fair and reasonable outcomes for the employees. The court found that the agreement included appropriate protections for employees, such as minimum wages, leave entitlements, and dispute resolution mechanisms. The approval of the agreement allows the company and its employees to operate under the terms and conditions outlined in the agreement, providing a stable and predictable workplace environment.

Sun Pharmaceutical Industries (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established