Aspen Pharma Pty Ltd
[2023] FWCA 1633
•6 JUNE 2023
| [2023] FWCA 1633 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Aspen Pharma Pty Ltd
(AG2023/1569)
ASPEN PHARMA/UWU (DANDENONG, VICTORIA) ENTERPRISE AGREEMENT 2023
| Pharmaceutical industry | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 6 JUNE 2023 |
Application for approval of the Aspen Pharma/UWU (Dandenong, Victoria) Enterprise Agreement 2023.
An application has been made for approval of an enterprise agreement known as the Aspen Pharma/UWU (Dandenong, Victoria) Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer, Aspen Pharma Pty Ltd. The Agreement is a single enterprise agreement.
The employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. Pursuant to s.201(3), the undertaking is taken to be a term of the Agreement.
Subject to the undertaking 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.[1] The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The United Workers’ Union (UWU), 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.
The Agreement was approved on 6 June 2023 and, in accordance with s.54 of the Act, will operate from 13 June 2023. The nominal expiry date of the Agreement is 31 January 2026.
DEPUTY PRESIDENT
Annexure A
[1] As the notification time was before 6 June 2023, and the Agreement was made before 6 June 2023, the references to the provisions of the Act in this decision are to those provisions immediately before 6 June 2023.
Printed by authority of the Commonwealth Government Printer
<AE520254 PR762833>
0
0
0