Australian Pharmaceutical Industries Ltd

[2013] FWCA 3752

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Pharmaceutical Industries Ltd
(AG2013/6787)

AUSTRALIAN PHARMACEUTICAL INDUSTRIES LAUNCESTON DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2013

Pharmaceutical industry
COMMISSIONER BISSETT	MELBOURNE, 12 JUNE 2013

Application for approval of the Australian Pharmaceutical Industries Launceston Distribution Centre Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Australian Pharmaceutical Industries Launceston Distribution Centre Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] 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. As required by s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 19 June 2013. The nominal expiry date of the Agreement is 12 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Australian Pharmaceutical Industries Limited, represented by its general manager, applied for approval of the Australian Pharmaceutical Industries Launceston Distribution Centre Enterprise Agreement 2013. The applicant was seeking to have the agreement made by the parties approved under section 230 of the Fair Work Act 2009. The application was made on the basis that the agreement met the requirements of the Act.

The primary issue before the Commission was whether the agreement met the formal requirements of the Act, including the good faith bargaining requirement and whether it was in the best interests of the employees. The applicant argued that the agreement was the product of genuine and effective bargaining and was in the best interests of the employees. The Commission needed to determine whether the agreement contained all the mandatory terms and conditions, and whether the agreement was made in good faith and was in the best interests of the employees.

The Commission found that the agreement met the formal requirements of the Act. It contained all the mandatory terms and conditions and was the product of genuine and effective bargaining. The Commission also found that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. The Commission was satisfied that the agreement was fair and reasonable and approved the agreement under section 230 of the Act.

The Commission made an order approving the Australian Pharmaceutical Industries Launceston Distribution Centre Enterprise Agreement 2013, and the agreement was registered on the Register of Approved Agreements. The applicant's application was successful, and the agreement was approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established