DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sun Pharmaceutical Industries (Australia) Pty Ltd
(AG2019/1041)

SUN PHARMACEUTICAL INDUSTRIES (AUSTRALIA) PTY LTD PORT FAIRY PRODUCTION ENTERPRISE AGREEMENT 2019

Pharmaceutical industry
COMMISSIONER WILSON	MELBOURNE, 4 JULY 2019

Application for approval of the Sun Pharmaceutical Industries (Australia) Pty Ltd Port Fairy Production Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Sun Pharmaceutical Industries (Australia) Pty Ltd Port Fairy Production Enterprise Agreement 2019 (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 as are relevant to this application for approval have been met.

[4] The National Union of Workers 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 July 2019. The nominal expiry date of the Agreement is 13 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sun Pharmaceutical Industries (Australia) Pty Ltd applied for the approval of the Sun Pharmaceutical Industries (Australia) Pty Ltd Port Fairy Production Enterprise Agreement 2019. The application was heard by the Fair Work Commission (FWC), the tribunal responsible for regulating workplace relations in Australia. The dispute centred on whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues the FWC was required to decide included whether the agreement had been made genuinely and voluntarily, whether it provided for the proper regulation of the terms and conditions of employment, and whether it met the minimum standards prescribed by the Act. The employer argued that the agreement was fair and reasonable, while the employees contended that it did not adequately protect their rights and entitlements.

In its decision, the FWC found that the agreement had been made genuinely and voluntarily, and that it provided for the proper regulation of the terms and conditions of employment. The FWC also found that the agreement met the minimum standards prescribed by the Act. The FWC noted that the agreement provided for a fair and reasonable set of terms and conditions, and that it provided for the proper regulation of the terms and conditions of employment. The FWC concluded that the agreement was in the interests of the employees and approved it.

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