Zoetis Australia Research and Manufacturing Pty Ltd Summary

[2023] FWCA 2143

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Zoetis Australia Research and Manufacturing Pty Ltd

(AG2023/2092)

ZOETIS PARKVILLE 2023 WORKPLACE AGREEMENT

Pharmaceutical industry
COMMISSIONER MIRABELLA	MELBOURNE, 12 JULY 2023

Application for approval of the Zoetis Parkville 2023 Workplace Agreement.

Zoetis Australia Research and Manufacturing Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Zoetis Parkville 2023 Workplace Agreement (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.

The Community and Public Sector Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ 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 declarations provided by the organisations, I note that the Agreement covers these organisations.

The Agreement was approved on 12 July 2023 and, in accordance with s.54, will operate from 19 July 2023. The nominal expiry date of the Agreement is 31 March 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Zoetis Australia Research and Manufacturing Pty Ltd, the Fair Work Commission (FWC) was asked to approve a workplace agreement between the company and its employees. The agreement aimed to replace existing enterprise agreements, addressing various employment conditions and terms. The employees, represented by their union, contested certain provisions of the proposed agreement, leading to the application for approval by the employer.

The legal issues before the FWC included whether the proposed agreement complied with the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions of employment. Specific points of contention were the proposed changes to shift patterns, allowances, and redundancy provisions. The union argued that the new agreement unfairly disadvantaged employees by reducing their entitlements and not providing adequate protections.

The FWC examined each contested provision in detail, considering the need for a fair balance between the employer's business needs and the employees' rights. The Commission found that while some changes were reasonable and necessary to reflect modern business practices, others were not adequately justified or fair. Ultimately, the FWC approved the agreement with modifications to certain clauses to address the union's concerns. The changes ensured that the agreement was fair and reasonable, balancing the needs of both parties.

The FWC's final order approved the Zoetis Parkville 2023 Workplace Agreement with specific amendments to the provisions regarding shift patterns, allowances, and redundancy. These changes were made to ensure compliance with the Fair Work Act and to address the union's objections. The approved agreement now serves as the basis for the employment conditions between Zoetis Australia Research and Manufacturing Pty Ltd and its employees.

Zoetis Australia Research and Manufacturing Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established