Aspen Pharma Pty Ltd
[2023] FWCA 1541
•1 JUNE 2023
| [2023] FWCA 1541 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Aspen Pharma Pty Ltd
(AG2023/1218)
ASPEN PHARMA PTY LTD ENGINEERING AGREEMENT 2023
| Manufacturing and associated industries | |
| COMMISSIONER JOHNS | MELBOURNE, 1 JUNE 2023 |
Application for approval of the Aspen Pharma Pty Ltd Engineering Agreement 2023.
An application has been made for approval of an enterprise agreement known as the Aspen Pharma Pty Ltd Engineering Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aspen Pharma Pty Ltd. The Agreement is a single enterprise agreement.
The Employer has provided written undertakings dated 29 May 2023. 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. The undertakings are taken to be a term of the agreement.
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.
The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) 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) of the Act, I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 June 2023. The nominal expiry date of the Agreement is 31 January 2026.
COMMISSIONER
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Annexure A
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