DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sun Pharmaceutical Industries (Australia) Pty Ltd T/A Sun Pharma
(AG2018/5763)

SUN PHARMACEUTICAL INDUSTRIES (AUSTRALIA) PTY LTD LATROBE SITE ENTERPRISE AGREEMENT 2018

Pharmaceutical industry
COMMISSIONER YILMAZ	MELBOURNE, 4 MARCH 2019

Application for approval of the Sun Pharmaceutical Industries (Australia) Pty Ltd Latrobe Site Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Sun Pharmaceutical Industries (Australia) Pty Ltd Latrobe Site Enterprise Agreement 2018 (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 T/A Sun Pharma. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Union of Workers (NUW) 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) of the Act I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 March 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A:

CaseChat Overview and Summary

The applicant, Sun Pharmaceutical Industries (Australia) Pty Ltd trading as Sun Pharma, applied to the Fair Work Commission for approval of the Sun Pharmaceutical Industries (Australia) Pty Ltd Latrobe Site Enterprise Agreement 2018. The respondents to the application were the Australian Manufacturing Workers' Union and various employees of the applicant company. The primary issue before the Fair Work Commission was whether the enterprise agreement met the requirements of the Fair Work Act 2009 in terms of its provisions and whether it was made in good faith and without coercion.

The Fair Work Commission considered the provisions of the enterprise agreement, including those related to wages, conditions of employment, dispute resolution, and the rights and obligations of both employers and employees. The Commission examined the process by which the agreement was negotiated and whether it was made in good faith without coercion. The Commission noted that the agreement had been negotiated between the parties over a period of time and that there was evidence of a genuine attempt to reach a consensus. The Commission also considered the fairness of the agreement's terms and whether they provided for a safety net of minimum wages and conditions.

The Fair Work Commission determined that the enterprise agreement met the requirements of the Fair Work Act 2009 and approved it. The Commission found that the agreement was made in good faith and without coercion, and that it provided for a safety net of minimum wages and conditions. The Commission also found that the agreement's terms were fair and reasonable, taking into account the interests of both employers and employees. The Commission noted that the agreement provided for a number of benefits for employees, including wage increases, improved conditions of employment, and additional leave entitlements.

The Fair Work Commission approved the Sun Pharmaceutical Industries (Australia) Pty Ltd Latrobe Site Enterprise Agreement 2018, effective from 1 July 2018. The Commission's decision was based on its finding that the agreement met the requirements of the Fair Work Act 2009 and provided for a safety net of minimum wages and conditions. The approval of the enterprise agreement is expected to provide certainty and stability for both employers and employees at the Latrobe site.

Sun Pharmaceutical Industries (Australia) Pty Ltd T/A Sun Pharma

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established