DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Pharmaceutical Industries Ltd
(AG2016/1344)

AUSTRALIAN PHARMACEUTICAL INDUSTRIES SOUTH AUSTRALIAN ENTERPRISE AGREEMENT 2016

Pharmaceutical industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 6 JULY 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Australian Pharmaceutical Industries South Australian 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. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The National Union of Workers, 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 6 July 2016 and, in accordance with s.54, will operate from 13 July 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Australian Pharmaceutical Industries Limited applied for the approval of the South Australian Enterprise Agreement 2016. The application was heard in the Fair Work Commission. The dispute centred around the fairness and compliance of the proposed enterprise agreement with the Fair Work Act 2009. The applicant argued that the agreement was fair and compliant, while the respondents raised concerns about specific terms and conditions.

The legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act and whether the process by which it was negotiated was fair. The Commission had to consider the fairness of the agreement's terms and conditions, the process of its negotiation, and its compliance with the Act. Key points of contention included provisions related to shift premiums, redundancy payments, and annual leave loading.

The Fair Work Commission found that the agreement was fair and compliant with the Fair Work Act. The Commission determined that the negotiation process was fair and that the agreement did not unfairly disadvantage any party. The Commission concluded that the provisions in question were reasonable and met the criteria for approval. Consequently, the Commission approved the enterprise agreement.

The Commission's final order was that the South Australian Enterprise Agreement 2016 be approved. The agreement was to be registered by the Commission and would govern the employment conditions of the employees covered by the agreement. This decision resolved the dispute and provided clarity on the fairness and compliance of the agreement.

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