DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TSI Pharmaceuticals Pty Ltd
(AG2018/823)

TSI PHARMACEUTICALS AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2017

Pharmaceutical industry
COMMISSIONER LEE	MELBOURNE, 16 AUGUST 2018

Application for approval of the TSI Pharmaceuticals and National Union of Workers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the TSI Pharmaceuticals and National Union of Workers Enterprise Agreement 2017 (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. 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 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) 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 23 August 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

TSI Pharmaceuticals Pty Ltd applied to the Fair Work Commission for the approval of their Enterprise Agreement 2017 with the National Union of Workers. The dispute centred around whether the agreement met the requirements under the Fair Work Act 2009, particularly concerning the bargaining process, the fairness of the terms and conditions, and the compliance with the minimum standards set by the Act.

The court had to determine whether the agreement was genuinely negotiated between the parties, if it complied with the procedural requirements of the Act, and if it met the minimum standards for wages, conditions, and entitlements. Additionally, the court assessed if the agreement was free from any improper influence or coercion that could undermine its fairness.

In examining the application, the court found that the agreement was indeed the result of genuine bargaining and that all procedural requirements had been met. The terms and conditions were deemed fair and did not fall below the minimum standards prescribed by the Act. The court also concluded that there was no evidence of improper influence or coercion. Based on these findings, the court approved the Enterprise Agreement, recognising it as meeting all the necessary criteria under the Act.

The final order of the court was to approve the TSI Pharmaceuticals and National Union of Workers Enterprise Agreement 2017, effective from the date of the approval. This decision confirmed the agreement as a legally binding contract between the parties, subject to the terms and conditions outlined within.

TSI Pharmaceuticals 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