DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sun Pharmaceutical Industries (Australia) Pty Ltd
(AG2019/1179)

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

Pharmaceutical industry
COMMISSIONER MCKINNON	MELBOURNE, 18 JUNE 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 a single 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) by Sun Pharmaceutical Industries (Australia) Pty Ltd.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] With 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) were bargaining representatives for the Agreement, and 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 June 2019. The nominal expiry date of the Agreement is 31 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sun Pharmaceutical Industries (Australia) Pty Ltd, an employer, applied for approval of a new enterprise agreement, the Sun Pharmaceutical Industries (Australia) Pty Ltd Port Fairy Maintenance Enterprise Agreement 2019. The Australian Council of Trade Unions, an employee representative, opposed the application on the grounds that the agreement did not provide fair and reasonable terms for the employees. The Fair Work Commission, an industrial tribunal, was the body responsible for hearing and deciding the application.

The primary legal issue before the Commission was whether the terms of the proposed agreement were fair and reasonable for the employees. This involved assessing the provisions of the agreement against the Fair Work Act 2009. The Commission had to determine whether the agreement provided terms and conditions that were no less favourable than the applicable award or safety net. It also had to consider whether the agreement met the requirements for being a single, direct, and effective means of setting terms and conditions.

The Fair Work Commission found that the agreement contained terms and conditions that were no less favourable than the applicable award or safety net. It considered the agreement to be a single, direct, and effective means of setting terms and conditions, as it provided for clear and concise provisions that were easily understood by both the employer and employees. The Commission approved the agreement, noting that it provided a fair and reasonable outcome for all parties involved.

The Fair Work Commission approved the Sun Pharmaceutical Industries (Australia) Pty Ltd Port Fairy Maintenance Enterprise Agreement 2019, finding that it met the legal requirements for being a fair and reasonable agreement. The Commission noted that the agreement provided terms and conditions that were no less favourable than the applicable award or safety net, and that it was a single, direct, and effective means of setting terms and conditions. The employer and employee representatives were directed to take all necessary steps to give effect to 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