DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sun Pharmaceutical Industries (Australia) Pty Ltd
(AG2018/292)

SUN PHARMACEUTICAL INDUSTRIES (AUSTRALIA) PTY LTD PORT FAIRY MAINTENANCE ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 JUNE 2018

Application for approval of the Sun Pharmaceutical Industries (Australia) Pty Ltd Port Fairy Maintenance Enterprise Agreement 2017.

[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 2017 (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 Applicant 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 June 2018. The nominal expiry date of the Agreement is 31 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sun Pharmaceutical Industries (Australia) Pty Ltd applied to the Fair Work Commission for approval of the Sun Pharmaceutical Industries (Australia) Pty Ltd Port Fairy Maintenance Enterprise Agreement 2017. The company argued that the agreement provided for terms and conditions of employment that were fair and equitable. The application was opposed by the Manufacturing, Engineering and Related Industries Union of Australia, which argued that the agreement did not adequately protect the rights of employees.

The Commission was required to determine whether the agreement contained the necessary provisions to ensure that it was fair and appropriate for the employees covered by the agreement. The Commission considered the principles of fairness and equity, as well as the requirements of the Fair Work Act 2009. The Commission also considered the arguments of both parties and the evidence presented.

The Commission found that the agreement contained the necessary provisions to ensure that it was fair and appropriate for the employees covered by the agreement. The Commission was satisfied that the agreement provided for terms and conditions of employment that were fair and equitable, and that it met the requirements of the Fair Work Act 2009. The Commission approved the agreement, and the application was successful.

The Commission approved the Sun Pharmaceutical Industries (Australia) Pty Ltd Port Fairy Maintenance Enterprise Agreement 2017, finding that it contained the necessary provisions to ensure that it was fair and appropriate for the employees covered by the agreement. The Commission was satisfied that the agreement provided for terms and conditions of employment that were fair and equitable, and that it met the requirements of the Fair Work Act 2009. The agreement was approved, and the application was successful.

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