DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

TSI Pharmaceuticals Pty Ltd T/A New Products Development
(AG2020/1828)

TSI PHARMACEUTICALS AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2020

Pharmaceutical industry
COMMISSIONER SPENCER	BRISBANE, 30 JULY 2020

Application for approval of the TSI Pharmaceuticals and United Workers Union Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the TSI Pharmaceuticals and United Workers Union Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by TSI Pharmaceuticals Pty Ltd T/A New Products Developments (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 August 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of TSI Pharmaceuticals Pty Ltd trading as New Products Development, the Fair Work Commission was presented with an application for the approval of the TSI Pharmaceuticals and United Workers Union Enterprise Agreement 2020. The dispute centred on the procedural and substantive fairness of the agreement, which was negotiated between the employer and the union representing the employees. The Fair Work Commission was tasked with determining whether the agreement met the requisite standards for approval under the Fair Work Act 2009.

The legal issues before the Commission involved whether the agreement had been made in good faith and without coercion, whether it contained the minimum entitlements prescribed by the relevant award or safety net, and whether it complied with the good faith bargaining provisions. Additionally, the Commission examined whether the agreement adequately addressed the interests of the employees and whether it was fair and reasonable in all the circumstances.

The Fair Work Commission found that the agreement had been made in good faith and without coercion, as evidenced by the negotiation process and the documentation provided. The Commission confirmed that the agreement met the minimum entitlements and adhered to the good faith bargaining provisions. It was also determined that the agreement was fair and reasonable, taking into account the interests of both the employer and the employees. Consequently, the Fair Work Commission approved the TSI Pharmaceuticals and United Workers Union Enterprise Agreement 2020, finding it to be compliant with all relevant legislative requirements.

The Fair Work Commission's decision to approve the enterprise agreement was based on its satisfaction that the agreement had been made in accordance with the statutory requirements and was fair and reasonable for all parties involved. The Commission's approval of the agreement ensures that the terms and conditions of employment for the employees of TSI Pharmaceuticals are now governed by the negotiated agreement, rather than the applicable award or safety net provisions.

TSI Pharmaceuticals Pty Ltd T/A New Products Development

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established