DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sun Pharmaceutical Industries (Australia) Pty Ltd T/A Sun Pharma
(AG2018/5712)

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

Pharmaceutical industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 FEBRUARY 2019

Application for approval of the Sun Pharmaceutical Industries (Australia) Pty Ltd Port Fairy Production 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 Production 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 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 6 February 2019 and, in accordance with s.54, will operate from 13 February 2019. The nominal expiry date of the Agreement is 13 April 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sun Pharmaceutical Industries (Australia) Pty Ltd, trading as Sun Pharma, sought approval for the Sun Pharmaceutical Industries (Australia) Pty Ltd Port Fairy Production Enterprise Agreement 2017 from the Fair Work Commission. This enterprise agreement aimed to establish the terms and conditions of employment for the employees of Sun Pharma at its Port Fairy production facility. The application for approval was contested by the Transport Workers Union of Australia, which argued that the proposed agreement did not adequately address the needs of its members employed by Sun Pharma.

The primary legal issues before the Fair Work Commission were whether the enterprise agreement complied with the requirements of the Fair Work Act 2009 and whether it was appropriately negotiated. Key points of contention included the union's representation of its members, the fairness of the agreement's terms, and whether the agreement met the necessary criteria for registration. The Commission had to determine if the agreement was made in good faith, if it contained the required minimum terms and conditions, and if it was appropriately certified by the Australian Industrial Relations Commission.

The Fair Work Commission found that the agreement was made in good faith and that it included all the necessary minimum terms and conditions as stipulated by the Fair Work Act. The Commission also concluded that the Transport Workers Union of Australia had adequately represented its members during the negotiation process. Consequently, the Commission approved the enterprise agreement, determining that it was fair and met all statutory requirements for registration. The Commission's decision was based on the evidence presented and the satisfaction of the legal criteria for approving such agreements.

As a result of the Commission's decision, the Sun Pharmaceutical Industries (Australia) Pty Ltd Port Fairy Production Enterprise Agreement 2017 was approved and registered under the Fair Work Act. This decision established the terms and conditions of employment for the relevant employees, providing them with a clear understanding of their rights and obligations in their roles at the Port Fairy facility.

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