DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Pharmaceutical Industries Ltd
(AG2016/5290)

AUSTRALIAN PHARMACEUTICAL INDUSTRIES LTD WELSHPOOL ENTERPRISE AGREEMENT 2016

Pharmaceutical industry
COMMISSIONER GREGORY	MELBOURNE, 12 OCTOBER 2016

Application for approval of the Australian Pharmaceutical Industries Ltd Welshpool Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Australian Pharmaceutical Industries Ltd Welshpool Enterprise Agreement 2016 (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 Ltd. 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.

[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 the 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) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 October 2016. The nominal expiry date of the Agreement is 19 September 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Australian Pharmaceutical Industries Ltd (API) brought an application for the approval of the Welshpool Enterprise Agreement 2016. This agreement was made between API and its employees, represented by the Australian Manufacturing Workers Union (AMWU). The dispute centred around the terms and conditions of employment set forth in the agreement, specifically those relating to pay rates, leave entitlements, and other workplace benefits.

The central legal issues for the Commission to determine were whether the agreement met the requirements of the Fair Work Act 2009, including whether it facilitated, encouraged, or promoted improved workplace relations, and whether it provided for the efficient and flexible operation of businesses. Furthermore, the Commission had to consider whether the agreement was free from any discriminatory provisions, and whether it adhered to the safety net provisions of the National Employment Standards.

The Fair Work Commission, after examining the agreement and hearing submissions from both parties, found that the Welshpool Enterprise Agreement 2016 did indeed meet the necessary statutory criteria. The agreement was deemed to be fair and balanced, providing for improved workplace relations and efficient business operations. It was also found to be free from discriminatory provisions and compliant with the National Employment Standards. Consequently, the Commission approved the agreement, thereby resolving the application in favour of API.

Australian Pharmaceutical Industries Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established