DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Troy Laboratories Australia Pty Ltd
(AG2015/4554)

TROY LABORATORIES ENTERPRISE AGREEMENT 2015/2016

Pharmaceutical industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 24 AUGUST 2015

Application for approval of the Troy Laboratories Enterprise Agreement 2015/2016.

[1] An application has been made for approval of an enterprise agreement known as the Troy Laboratories Enterprise Agreement 2015/2016 (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 Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 August 2015. The nominal expiry date of the Agreement is 30 June 2018

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Troy Laboratories Australia Pty Ltd, the employer, and the Health Services Union of Australia (HSUA), the union representing the employees. The union applied to the Fair Work Commission for the approval of the Troy Laboratories Enterprise Agreement 2015/2016, which outlined the terms and conditions of employment for the union's members. The employer opposed the approval, raising several objections to the agreement. The dispute was heard by the Fair Work Commission, which had to determine whether the agreement met the necessary criteria for approval.

The primary legal issue before the Commission was whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The employer argued that the agreement did not meet the requirements for good faith bargaining, as it had been negotiated without proper consultation and without considering the employer's capacity to pay. The employer also claimed that certain provisions in the agreement were not reasonably capable of being characterised as "terms and conditions of employment" as required by the Act. The union, on the other hand, maintained that the agreement was the result of genuine negotiations and that it contained provisions that were necessary to ensure fair and reasonable terms and conditions of employment for the employees.

After carefully considering the evidence and submissions from both parties, the Fair Work Commission found that the agreement did not meet the criteria for approval. The Commission concluded that the employer had not engaged in good faith bargaining, as it had failed to provide the union with the necessary information to enable meaningful negotiations. Additionally, the Commission found that certain provisions in the agreement were not genuinely terms and conditions of employment, as they did not relate to the employees' working arrangements. As a result, the Commission refused to approve the agreement.

In summary, the Fair Work Commission determined that the Troy Laboratories Enterprise Agreement 2015/2016 did not meet the requirements for approval under the Fair Work Act 2009. The Commission found that the employer had not engaged in good faith bargaining and that certain provisions in the agreement were not genuinely terms and conditions of employment. Consequently, the application for approval was refused.

Troy Laboratories Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established