DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Pharmaceutical Industries Ltd
(AG2016/1343)

AUSTRALIAN PHARMACEUTICAL INDUSTRIES LAUNCESTON DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2016

Pharmaceutical industry
COMMISSIONER ROE	MELBOURNE, 23 JUNE 2016

Application for approval of the Australian Pharmaceutical Industries Launceston Distribution Centre Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Australian Pharmaceutical Industries Launceston Distribution Centre 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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[4] 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.

[5] 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.

[6] The Agreement was approved on 23 June 2016 and, in accordance with s.54, will operate from 30 June 2016. The nominal expiry date of the Agreement is 12 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Australian Pharmaceutical Industries Ltd (API) applied for approval of the Australian Pharmaceutical Industries Launceston Distribution Centre Enterprise Agreement 2016. The applicant sought an order under section 178 of the Fair Work Act 2009 that the agreement be approved as a registered agreement. The application was opposed by the Health Services Union of Australia, which objected to the agreement on the grounds that it failed to adequately protect the interests of its members.

The main issue before the court was whether the agreement met the statutory requirements for registration under section 175 of the Fair Work Act 2009. The court considered whether the agreement contained all the prescribed terms, and whether it had been made in accordance with the procedural requirements of the Act. The court also considered whether the agreement was in the best interests of the employees and employers involved.

The court found that the agreement contained all the prescribed terms, and that it had been made in accordance with the procedural requirements of the Act. The court also found that the agreement was in the best interests of the employees and employers involved. The court noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it would provide greater certainty and stability to the parties. The court further found that the Health Services Union of Australia had failed to demonstrate that the agreement was not in the best interests of its members.

The court approved the Australian Pharmaceutical Industries Launceston Distribution Centre Enterprise Agreement 2016 as a registered agreement, and made the order sought by the applicant.

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