Australian Pharmaceutical Industries Limited

[2021] FWCA 6456

[2021] FWCA 6456

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Pharmaceutical Industries Limited
(AG2021/7886)

AUSTRALIAN PHARMACEUTICAL INDUSTRIES MELBOURNE DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2021

Pharmaceutical industry
COMMISSIONER CIRKOVIC	MELBOURNE, 28 OCTOBER 2021

Application for approval of the Australian Pharmaceutical Industries Melbourne Distribution Centre Enterprise Agreement 2021.

[1] Australian Pharmaceutical Industries Limited (the Applicant) has made an application for approval of an enterprise agreement known as the Australian Pharmaceutical Industries Melbourne Distribution Centre Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 21 October 2021.

[3] On 21 October 2021, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

•  Additional information and materials were sought regarding agreement pre-approval requirements, specifically how absent employees were given notice about the agreement vote and provided with support materials.

•  Clauses 3.4(b) regarding deductions, 3.6(h)(6) regarding redundancy and 6.5 regarding compassionate leave were inconsistent with the National Employment Standards (NES) however the NES precedence term contained at clause 1.5 of the Agreement is deemed to resolve these NES inconsistencies.

•  Chambers raised better off overall concerns regarding the casual minimum engagement for training purposes.

[4] The Applicant has submitted an undertaking in the required form dated 25 October 2021. The undertaking deals with the following topics:

•  The undertaking removes the 2-hour casual minimum engagement for training purposes.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought its view in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The United Workers’ Union, 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 this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 March 2023.

COMMISSIONER

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