Tasmanian Alkaloids Pty Ltd

[2022] FWCA 253

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tasmanian Alkaloids Pty Ltd

(AG2021/9129)

Extractas Bioscience Enterprise Agreement 2021

Pharmaceutical industry
COMMISSIONER WILSON	MELBOURNE, 28 JANUARY 2022

Application for approval of the Extractas Bioscience Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Extractas Bioscience Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tasmanian Alkaloids Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the agreement.

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.

The United Workers’ Union, 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 February 2022. The nominal expiry date of the Agreement is 10 July 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of the Extractas Bioscience Enterprise Agreement 2021, a proposed agreement between Tasmanian Alkaloids Pty Ltd and its employees. The application was brought by the employer, who sought to ensure that the agreement would be legally enforceable and provide a framework for the employment relationship moving forward. The Fair Work Commission, which has the authority to approve such agreements, was tasked with considering the application.

The legal issues before the Commission centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was genuinely negotiated, if it contained minimum terms and conditions as required by law, and if it met any other statutory obligations. The Commission also needed to assess whether the agreement was in the best interests of the employees, considering factors such as fairness, transparency, and the avoidance of undue hardship.

The Commission examined the evidence presented and found that the proposed agreement had been genuinely negotiated between the parties. The agreement contained all the required minimum terms and conditions, and it was in the best interests of the employees. The Commission was satisfied that the process leading to the agreement was fair and transparent, and that the agreement did not impose any undue hardship on the employees. Based on this assessment, the Commission approved the Extractas Bioscience Enterprise Agreement 2021, making it a legally enforceable contract between the employer and its employees.

The Fair Work Commission's decision to approve the Extractas Bioscience Enterprise Agreement 2021 provides clarity and legal certainty for both the employer and its employees. The approved agreement now serves as the basis for the employment relationship, ensuring that all parties are aware of their rights and obligations under the agreement. This outcome allows the parties to focus on their business operations with the assurance that their employment terms are legally sound and recognised by the relevant industrial tribunal.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established