DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Zoetis Australia Research and Manufacturing Pty Ltd
(AG2019/1521)

ZOETIS PARKVILLE 2019 WORKPLACE AGREEMENT

Clerical industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 JULY 2019

Application for approval of the Zoetis Parkville 2019 Workplace Agreement

[1] Zoetis Australia Research and Manufacturing Pty Ltd has made an application for approval of an enterprise agreement known as the Zoetis Parkville 2019 Workplace Agreement (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Community and Public Sector Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have each given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declarations provided by each of these organisations, I note that the Agreement covers the organisations.

[6] The Agreement was approved on 4 July 2019 and, in accordance with s 54, will operate from 11 July 2019. The nominal expiry date of the Agreement is 31 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Zoetis Australia Research and Manufacturing Pty Ltd, sought approval from the Fair Work Commission for a workplace agreement with its employees. The agreement, proposed in 2019, aimed to provide flexibility in terms of work hours, location, and conditions to adapt to the evolving needs of the pharmaceutical industry. The dispute arose when certain employee representatives objected to specific clauses of the agreement, arguing they were unfair and not in line with standard employment conditions. The matter was heard by the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act.

The central legal issues before the Commission involved assessing whether the proposed agreement provided for a fair and efficient workplace, as required by section 235 of the Fair Work Act. This involved examining the balance between the flexibility sought by the employer and the protection of employees' rights. Key points of contention included the potential impact on employee work-life balance, the fairness of the proposed terms regarding overtime, and whether the agreement adequately safeguarded employees' entitlements and rights.

In its decision, the Fair Work Commission acknowledged the need for flexibility in modern workplaces but emphasised the importance of ensuring that such flexibility did not come at the expense of employees' rights and protections. The Commission found that while some provisions in the proposed agreement could benefit both the employer and employees by enhancing operational efficiency and job satisfaction, certain clauses were overly harsh and did not adequately protect employees. After careful consideration, the Commission approved the agreement with modifications to address the identified concerns, ensuring that it aligned with the principles of procedural fairness and substantive fairness as outlined in the Fair Work Act.

The final orders of the Fair Work Commission included the approval of the Zoetis Parkville 2019 Workplace Agreement, subject to the modifications made to certain clauses. These changes ensured that employees were afforded adequate protection and that the agreement complied with the statutory requirements for fairness and efficiency. The Commission also mandated that the applicant provide further training and information sessions to ensure employees were fully aware of their rights and the terms of the agreement. This decision underscored the importance of balancing flexibility with fairness in workplace agreements.

Zoetis Australia Research and Manufacturing 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