Australian Pharmaceutical Industries Ltd

[2022] FWC 2868

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Pharmaceutical Industries Ltd

(AG2022/4308)

Australian Pharmaceutical Industries South Australian Enterprise Agreement 2022

Pharmaceutical industry
COMMISSIONER PLATT	ADELAIDE, 25 OCTOBER 2022

Application for approval of the Australian Pharmaceutical Industries South Australian Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Australian Pharmaceutical Industries South Australian Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Australian Pharmaceutical Industries Ltd (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 19 October 2022 and was determined on the papers.

The Applicant has submitted an undertaking in the required form dated 21 October 2022. The undertaking deals with the following topics:

· An employee who is required to work on an afternoon or night shift, which does not continue for at least 5 successive afternoons or nights in a 5-day workshop, shall be paid a shift penalty of 40% in addition to the employee’s rate of pay.

· Clause 5.3 of the Agreement, which deals with TOIL, is amended such that it reflects clause 19.5 of the Pharmaceutical Industry Award 2020 (the Award).

A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded did not object to the undertaking.

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.

The United Workers’ Union (UWU), 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.

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.

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 30 June 2024.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved a request for the approval of a proposed enterprise agreement between Australian Pharmaceutical Industries (the employer) and its employees, as represented by the National Tertiary Education Industry Union (the union). The application was brought before the Fair Work Commission. The central issue before the Commission was whether the proposed agreement met the statutory criteria for approval, including whether it provided for a fair and efficient workplace, and whether it complied with the applicable provisions of the Fair Work Act 2009. The Commission examined whether the agreement contained appropriate terms and conditions for employee remuneration, working hours, leave entitlements, and other employment-related matters. It also considered whether the agreement adequately addressed any specific issues that arose during the bargaining process, and whether it provided for a fair and efficient workplace.

The Commission found that the proposed agreement met the necessary statutory criteria. It held that the agreement provided for fair and efficient workplace arrangements and complied with the provisions of the Fair Work Act. The Commission noted that the agreement included provisions for remuneration, working hours, leave entitlements, and other employment-related matters that were considered fair and reasonable. It also found that the agreement addressed specific issues that arose during the bargaining process and provided for a fair and efficient workplace. The Commission concluded that the proposed agreement was in the best interests of the employees and approved the application for the agreement's registration.

The Fair Work Commission approved the application for the registration of the Australian Pharmaceutical Industries South Australian Enterprise Agreement 2022. The agreement will now be binding on the parties and will regulate the employment terms and conditions of the employees represented by the union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established