DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Troy Laboratories Australia Pty Limited T/A Troy Laboratories
(AG2018/3129)

TROY LABORATORIES ENTERPRISE AGREEMENT 2018

Pharmaceutical industry
COMMISSIONER JOHNS	SYDNEY, 5 NOVEMBER 2018

Application for approval of the Troy Laboratories Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Troy Laboratories 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 Troy Laboratories Australia Pty Limited T/A Troy Laboratories. 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] The Australian 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 November 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Troy Laboratories Australia Pty Limited, trading as Troy Laboratories, sought approval of the Troy Laboratories Enterprise Agreement 2018 from the Fair Work Commission. The application involved the dispute between the employer and the employees represented by the Health Industry Professionals Union of Australia. The primary focus of the dispute was to determine whether the proposed enterprise agreement met the legal criteria for approval under the Fair Work Act 2009.

The court had to consider several legal issues, including whether the agreement provided for the terms and conditions of employment in a manner that was fair and reasonable, and if it was consistent with the provisions of the Fair Work Act. The court also examined whether the agreement had been made in accordance with the relevant provisions of the Act, including whether it had been made without undue coercion or pressure. Additionally, the court assessed whether the agreement contained appropriate provisions for the protection of employees' rights and interests.

In delivering the decision, the Fair Work Commission acknowledged that the agreement had been negotiated in good faith and provided for fair and reasonable terms and conditions of employment. The court found that the agreement was consistent with the provisions of the Fair Work Act and had been made without undue coercion. The court also noted that the agreement contained appropriate provisions for the protection of employees' rights and interests. Consequently, the court approved the Troy Laboratories Enterprise Agreement 2018, considering it met all the necessary legal criteria.

The final orders of the court included the approval of the Troy Laboratories Enterprise Agreement 2018, which was to be registered with the Fair Work Commission. The agreement was to apply to the employees of Troy Laboratories Australia Pty Limited, trading as Troy Laboratories, and the Health Industry Professionals Union of Australia, as well as to any other employees covered by the agreement. The court's decision provided certainty and stability to the parties involved, ensuring the agreement would be enforceable under the Fair Work Act.

Troy Laboratories Australia Pty Limited T/A Troy Laboratories

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established