Australian Pharmaceutical Industries Ltd Summary

[2014] FWCA 6948

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Pharmaceutical Industries Ltd
(AG2014/7000)

AUSTRALIAN PHARMACEUTICAL INDUSTRIES MELBOURNE DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2014

Pharmaceutical industry
DEPUTY PRESIDENT GOSTENCNIK	BRISBANE, 2 OCTOBER 2014

Application for approval of the Australian Pharmaceutical Industries Melbourne Distribution Centre Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Australian Pharmaceutical Industries Melbourne Distribution Centre Enterprise Agreement 2014 (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.

[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 2 October 2014 and, in accordance with s.54, will operate from 9 October 2014. The nominal expiry date of the Agreement is 31 March 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Australian Pharmaceutical Industries Ltd was the subject of an application to the Fair Work Commission for approval of the Australian Pharmaceutical Industries Melbourne Distribution Centre Enterprise Agreement 2014. The dispute involved the terms and conditions of employment for the workers at the Melbourne distribution centre. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement complied with the procedural and substantive requirements for approval under the Act. Procedurally, the Commission needed to verify that the agreement had been genuinely bargained between the employer and the employees, and that it was made in good faith. Substantively, the agreement had to meet the "better off overall test", ensuring that the employees were not worse off than they would be under the applicable award or safety net.

The Commission found that the agreement had been genuinely negotiated between the parties and was made in good faith. It also determined that the agreement satisfied the better off overall test, as employees were not worse off under the agreement than they would be under the applicable award or safety net. The agreement provided for fair wages and conditions, including provisions for overtime, penalty rates, and shift loadings, which were considered to be at least equivalent to those provided by the relevant award. The Commission approved the agreement, finding that it met all legal requirements for approval.

The Fair Work Commission approved the Australian Pharmaceutical Industries Melbourne Distribution Centre Enterprise Agreement 2014, effective from the date of the decision. The approval ensures that the terms and conditions of employment for the workers at the Melbourne distribution centre are governed by the agreed-upon provisions, rather than the applicable award or safety net. This decision provides certainty and stability for both the employer and employees, ensuring that the agreement is fair and compliant with the legal requirements.

Australian Pharmaceutical Industries Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established