Tasmanian Alkaloids Pty Ltd

[2014] FWCA 2488

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasmanian Alkaloids Pty Ltd
(AG2014/3608)

TASMANIAN ALKALOIDS PTY LTD EMPLOYEE AGREEMENT 2013

Tasmania
COMMISSIONER LEE	MELBOURNE, 11 APRIL 2014

Application for approval of the Tasmanian Alkaloids Pty Ltd Employee Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Tasmanian Alkaloids Pty Ltd Employee Agreement 2013 (the Agreement). The application was made by Tasmanian Alkaloids Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Consultation provision in clause 5 of the Agreement does not specify that consultation must occur regarding a change to regular rosters, as required by ss.205(1)(a)(ii) and s.205(1A) of the Act. In accordance with s.205(2) of the Act, the model consultation term is taken to be a term of the Agreement, and will be appended to the Agreement.

[3] The Agreement Flexibility provision in clause 4 of the Agreement does not comply with the requirements of section 203 of the Act. 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.

[4] Subject to the matters outlined above, 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.

[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) of the Act I note that the Agreement covers this organisation.

[6] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 18 April 2014. The nominal expiry date of the Agreement is 17 April 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Tasmanian Alkaloids Pty Ltd, a company in the pharmaceutical sector, and its employees, as represented by the Tasmanian Trades and Labour Council. The dispute centred around the application for approval of the Tasmanian Alkaloids Pty Ltd Employee Agreement 2013. The Fair Work Commission, as the relevant authority, was tasked with determining whether the proposed agreement met the legal criteria for approval.

The primary legal issue before the Commission was whether the Employee Agreement 2013 complied with the Fair Work Act 2009. This included an assessment of whether the agreement provided for appropriate minimum entitlements, such as wages, hours of work, leave, and other conditions. Additionally, the Commission had to consider whether the agreement was made in good faith and whether it met the requirements for covering only employees of Tasmanian Alkaloids Pty Ltd.

In reaching its decision, the Commission evaluated the provisions of the Employee Agreement 2013 in light of the statutory requirements. It determined that the agreement provided for the minimum entitlements as mandated by the Act and was made in good faith. The Commission further found that the agreement was appropriately limited to the employees of Tasmanian Alkaloids Pty Ltd, thus meeting the criteria for approval under the Fair Work Act.

The Fair Work Commission approved the Employee Agreement 2013, subject to certain conditions and modifications. The agreement was to be implemented with the necessary adjustments to ensure compliance with the Fair Work Act, including specific provisions regarding wages and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established