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.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Australian Pharmaceutical Industries Limited, sought approval of the Australian Pharmaceutical Industries (QLD) Enterprise Agreement 2018. The applicant argued that the agreement was fairly and properly negotiated and was in the best interests of the employees involved. The applicant's request came before the Fair Work Commission (FWC), an independent statutory body responsible for resolving workplace disputes and promoting cooperative workplace relations in Australia.

The primary legal issues the FWC addressed were whether the agreement was fairly and properly negotiated, and if it was in the best interests of the employees. The FWC considered the negotiation process and whether it complied with the requirements set out in the Fair Work Act 2009. Additionally, the FWC assessed whether the agreement met the standards of procedural fairness and whether it was in the best interests of the employees, including whether it provided fair and reasonable terms and conditions of employment.

The FWC found that the agreement was fairly and properly negotiated, and it met the standards of procedural fairness. The FWC also determined that the agreement was in the best interests of the employees, as it provided fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, and other employment-related matters. The FWC was satisfied that the agreement represented a genuine attempt to resolve workplace issues and promote cooperative workplace relations.

The FWC approved the Australian Pharmaceutical Industries (QLD) Enterprise Agreement 2018, recognising its benefits for both the applicant and the employees. The FWC's decision highlights the importance of fair and proper negotiation processes, as well as the need for agreements to be in the best interests of the employees. This case demonstrates the FWC's role in facilitating cooperative workplace relations and resolving disputes between employers and employees.

Australian Pharmaceutical Industries Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established