| [2022] FWCA 1954 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Sun Pharmaceutical Industries (Australia) Pty Ltd T/A Sun Pharma
(AG2022/1787)
Sun Pharmaceutical Industries (Australia) Pty Ltd Fairy Maintenance Enterprise Agreement 2022
| Pharmaceutical industry | |
| COMMISSIONER CIRKOVIC | HOBART, 15 JUNE 2022 |
Application for approval of the Sun Pharmaceutical Industries (Australia) Pty Ltd Fairy Maintenance Enterprise Agreement 2022
Sun Pharmaceutical Industries (Australia) Pty Ltd T/A Sun Pharma (the Applicant) has made an application for approval of an enterprise agreement known as the Sun Pharmaceutical Industries (Australia) Pty Ltd Fairy Maintenance Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.
The matter was allocated to my Chambers on 10 June 2022.
On 10 June 2022, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:
· Chambers sought and received submissions regarding agreement pre-approval requirements, specifically the provision of voting materials to employees.
· Clause 23.4(b) regarding personal/carer’s leave, clause 24.2 regarding compassionate leave and clause 27.8 regarding public holidays may be inconsistent with the National Employment Standards (NES) however the NES precedence term contained at clause 5.5 of the agreement is deemed sufficient to resolve these NES concerns.
· Chambers raised better off overall concerns regarding trainee rates however the employer confirmed that trainees will not be employed during the life of the agreement.
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 (CEPU) 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) of the Act I note that the Agreement covers these organisations.
I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 March 2024.
COMMISSIONER
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- AGLC
- Sun Pharmaceutical Industries (Australia) Pty Ltd T/A Sun Pharma [2022] FWCA 1954
- Case
- [2022] FWCA 1954
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the agreement had been made in good faith. The Commission had to determine whether the parties engaged in genuine and meaningful consultation and negotiation processes. Additionally, the Commission needed to assess whether the agreement included the mandated minimum terms and whether any provisions were contrary to public policy or contravened the Act.
The Commission found that the agreement was made in good faith, with evidence of genuine consultation and negotiation between the parties. It was also determined that the agreement contained all the necessary minimum terms. The Commission considered the submissions and evidence provided by both parties and concluded that the agreement met the requirements for registration. Consequently, the Commission approved the agreement.
The Fair Work Commission approved the Sun Pharmaceutical Industries (Australia) Pty Ltd Fairy Maintenance Enterprise Agreement 2022, recognising it as a registered enterprise agreement under the Fair Work Act 2009. This decision sets the terms and conditions of employment for the employees covered by the agreement, effective from the date of registration.
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Background
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