DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Pharmaceutical Industries Limited
(AG2015/5718)

AUSTRALIAN PHARMACEUTICAL INDUSTRIES (QLD) ENTERPRISE AGREEMENT 2015

Pharmaceutical industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 OCTOBER 2015

Application for approval of the Australian Pharmaceutical Industries (QLD) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Australian Pharmaceutical Industries (Qld) Enterprise Agreement 2015 (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] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The National Union of Workers and Shop, Distributive and Allied Employees Association 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) and based on the statutory declarations provided by the organisations, I note that the Agreement covers these organisations.

[5] The Agreement was approved on 13 October 2015 and, in accordance with s.54, will operate from 20 October 2015. The nominal expiry date of the Agreement is 30 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Australian Pharmaceutical Industries Limited (API) applied for approval of the Australian Pharmaceutical Industries (QLD) Enterprise Agreement 2015. The application was brought before the Fair Work Commission. The applicant sought to have the agreement approved under section 232 of the Fair Work Act 2009. The dispute centred on the terms and conditions outlined in the agreement, particularly concerning the classification of employees, remuneration, and other employment conditions.

The legal issues before the Commission were whether the terms of the agreement were fair and reasonable, complied with the Fair Work Act, and met the requirements for approval under section 232 of the Act. The Commission needed to consider whether the agreement provided for fair and reasonable terms and conditions of employment, whether the agreement met the requirements for approval, and whether there was a direct relationship between the parties to the agreement.

The Fair Work Commission found that the agreement provided for fair and reasonable terms and conditions of employment, complied with the Fair Work Act, and met the requirements for approval. The Commission considered the fairness of the agreement's terms and conditions, including classification, remuneration, and other employment conditions, in light of the parties' bargaining positions, the nature of the industry, and relevant industry benchmarks. The Commission concluded that the agreement was fair and reasonable, and it approved the application for the agreement to be registered. The Commission also noted that there was a direct relationship between the parties to the agreement, which was a necessary condition for approval under section 232 of the Fair Work Act.

The Fair Work Commission approved the Australian Pharmaceutical Industries (QLD) Enterprise Agreement 2015 and registered it under section 186 of the Fair Work Act. The decision confirms the terms and conditions outlined in the agreement, which will apply to the employees covered by the agreement.

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