Australian Pharmaceutical Industries Limited

[2013] FWCA 9952

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Australian Pharmaceutical Industries Limited
(AG2013/11682)

AUSTRALIAN PHARMACEUTICAL INDUSTRIES LTD NSW ENTERPRISE AGREEMENT 2013

Pharmaceutical industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 18 DECEMBER 2013

Application for approval of the Australian Pharmaceutical Industries Ltd NSW Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Australian Pharmaceutical Industries Ltd NSW Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The National Union of Workers New South Wales Branch and the Transport Workers Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers those organisations.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 25 December 2013. The nominal expiry date of the Agreement is 24 September 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Australian Pharmaceutical Industries Limited, applied to the Fair Work Commission for the approval of the Australian Pharmaceutical Industries Ltd NSW Enterprise Agreement 2013. The applicant sought to have the agreement certified as a new and effective enterprise agreement in accordance with the Fair Work Act 2009. The dispute arose from negotiations between the applicant and the unions representing the employees, leading to the creation of the agreement. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Act.

The legal issues before the Commission included whether the agreement had been made in good faith and whether it contained the necessary provisions for employee protections and entitlements. The Commission also considered whether the agreement had been sufficiently negotiated and whether it provided for the proper determination of terms and conditions of employment. The applicant argued that the agreement had been made in good faith, that it contained all the necessary provisions, and that it had been properly negotiated. The unions, on the other hand, raised concerns about certain provisions of the agreement and its overall fairness.

In its decision, the Fair Work Commission found that the agreement had been made in good faith and contained all the necessary provisions for employee protections and entitlements. The Commission determined that the agreement had been properly negotiated, with the unions and the applicant engaging in discussions and reaching a consensus on the terms. The Commission also found that the agreement provided for the proper determination of terms and conditions of employment and was in compliance with the Fair Work Act 2009. Accordingly, the Fair Work Commission approved the Australian Pharmaceutical Industries Ltd NSW Enterprise Agreement 2013 as a new and effective enterprise agreement.

The Fair Work Commission's decision resulted in the approval of the enterprise agreement, which will now serve as the governing document for the terms and conditions of employment for the employees represented by the unions. The applicant's application for approval of the agreement was successful, and the agreement will come into effect on the date of the Commission's decision. The unions and the applicant will be bound by the terms and conditions set out in the agreement, which provides for a fair and equitable resolution to the dispute.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established