Australian Pharmaceutical Industries Limited
[2019] FWCA 3776
•31 MAY 2019
| [2019] FWCA 3776 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Australian Pharmaceutical Industries Limited
(AG2019/702)
AUSTRALIAN PHARMACEUTICAL INDUSTRIES (QLD) ENTERPRISE AGREEMENT 2018
Pharmaceutical industry | |
COMMISSIONER HARPER-GREENWELL | MELBOURNE, 31 MAY 2019 |
Application for approval of the Australian Pharmaceutical Industries (QLD) Enterprise Agreement 2018.
[1] An application has been made for approval of an enterprise agreement known as the Australian Pharmaceutical Industries (QLD) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Pharmaceutical Industries Limited. The Agreement is a single enterprise agreement.
[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
[3] I observe that clause 6.4 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[4] The National Union of Workers (NUW) and Shop, Distributive and Allied Employees Association (SDA) 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) I note that the Agreement covers the organisations.
[5] The Agreement was approved on 31 May 2019 and, in accordance with s.54, will operate from 7 June 2019. The nominal expiry date of the Agreement is 30 September 2021.
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