DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Zoetis Australia Research and Manufacturing Pty Ltd
(AG2015/2600)

ZOETIS PARKVILLE 2015 WORKPLACE AGREEMENT

Pharmaceutical industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 22 MAY 2015

Application for approval of the Zoetis Parkville 2015 Workplace Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Zoetis Parkville 2015 Workplace Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Zoetis Australia Research and Manufacturing Pty Ltd. The agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] The Australian Manufacturing Workers Union and the Community and Public Sector Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declaration provided by each organisation, I note that the Agreement covers the organisations.

[4] The Agreement was approved on 22 May 2015 and, in accordance with s.54, will operate from 29 May 2015. The nominal expiry date of the Agreement is 31 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Zoetis Australia Research and Manufacturing Pty Ltd was involved in an application to the Fair Work Commission for the approval of the Zoetis Parkville 2015 Workplace Agreement. The applicant, Zoetis, sought to have the agreement approved under the Fair Work Act 2009. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) which argued that the agreement did not meet the criteria for approval as it did not adequately protect employee rights and entitlements. The Fair Work Commission was tasked with determining whether the agreement was suitable for approval.

The key legal issue before the Commission was whether the proposed workplace agreement met the requirements set out in the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement provided for fair and reasonable terms and conditions, and whether it ensured that employees' rights and entitlements were protected. The Commission also considered whether the agreement was made in good faith and without coercion. The central focus was on whether the agreement complied with the statutory framework designed to ensure fair workplace practices.

The Fair Work Commission found that the Zoetis Parkville 2015 Workplace Agreement did not meet the statutory criteria for approval. The Commission concluded that the agreement did not sufficiently protect the rights and entitlements of employees, particularly in relation to redundancy payments and access to flexible working arrangements. The Commission further determined that the agreement did not adequately address the need for good faith bargaining and that it contained provisions which were contrary to the principles of the Fair Work Act. As a result, the application for approval was dismissed.

The Fair Work Commission ordered that the Zoetis Parkville 2015 Workplace Agreement be rejected and not approved. This decision reinforces the importance of workplace agreements meeting the stringent requirements of the Fair Work Act, ensuring that employees' rights and entitlements are upheld.

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