DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sun Pharmaceutical Industries (Australia) Pty Ltd
(AG2019/1114)

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

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 2 JULY 2019

Application for approval of the Sun Pharmaceutical Industries (Australia) Pty Ltd Port Fairy Maintenance 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 Maintenance 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 July 2019. The nominal expiry date of the Agreement is 31 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission received an application from Sun Pharmaceutical Industries (Australia) Pty Ltd to approve the Sun Pharmaceutical Industries (Australia) Pty Ltd Port Fairy Maintenance Enterprise Agreement 2019. The application was opposed by the Transport Workers Union of Australia, which claimed that the agreement did not meet the requirements for a modern award under the Fair Work Act 2009. The application was heard by a delegate of the Commission, who determined that the agreement was eligible for approval.

The legal issue before the Commission was whether the agreement contained the minimum terms and conditions required by section 234 of the Fair Work Act 2009, and whether it complied with the provisions of the Fair Work (Transitional Provisions) Regulations 2009. The Commission considered whether the agreement contained the minimum safety net entitlements, and whether it provided for a fair and reasonable system of classification and remuneration for employees.

The Commission found that the agreement contained the minimum safety net entitlements and provided for a fair and reasonable system of classification and remuneration for employees. The Commission noted that the agreement was based on a collective agreement that had been negotiated in good faith between the parties and that it contained provisions for the payment of overtime, penalty rates, and leave entitlements that were consistent with the relevant modern award. The Commission was satisfied that the agreement provided for a fair and reasonable system of classification and remuneration, and that it was not less favourable than the applicable modern award. The Commission approved the agreement as meeting the requirements of the Fair Work Act 2009.

The Commission approved the Sun Pharmaceutical Industries (Australia) Pty Ltd Port Fairy Maintenance Enterprise Agreement 2019, effective from 1 July 2019. The Commission noted that the agreement provided for a fair and reasonable system of classification and remuneration for employees, and that it was not less favourable than the applicable modern award. The Commission was satisfied that the agreement met the requirements of the Fair Work Act 2009, and approved it accordingly. The decision is binding on the parties and will apply to all employees covered by the agreement.

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