Australian Pharmaceutical Industries Ltd
[2022] FWCA 3754
•25 OCTOBER 2022
[2022] FWCA 3754
The attached document wholly replaces the document previously issued with the document code [2022] FWC 2686 on 25 October 2022 to correct document referencing.
Associate to Commissioner Platt
Dated 26 October 2022
| [2022] FWCA 3754 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Australian Pharmaceutical Industries Ltd
(AG2022/4308)
Australian Pharmaceutical Industries South Australian Enterprise Agreement 2022
| Pharmaceutical industry | |
| COMMISSIONER PLATT | ADELAIDE, 25 OCTOBER 2022 |
Application for approval of the Australian Pharmaceutical Industries South Australian Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Australian Pharmaceutical Industries South Australian Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Australian Pharmaceutical Industries Ltd (the Applicant). The agreement is a single enterprise agreement.
The matter was allocated to my Chambers on 19 October 2022 and was determined on the papers.
The Applicant has submitted an undertaking in the required form dated 21 October 2022. The undertaking deals with the following topics:
· An employee who is required to work on an afternoon or night shift, which does not continue for at least 5 successive afternoons or nights in a 5-day workshop, shall be paid a shift penalty of 40% in addition to the employee’s rate of pay.
· Clause 5.3 of the Agreement, which deals with TOIL, is amended such that it reflects clause 19.5 of the Pharmaceutical Industry Award 2020 (the Award).
A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded did not object to the undertaking.
The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.
The United Workers’ Union (UWU), 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) of the Act I note that the Agreement covers this organisation.
I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2024.
COMMISSIONER
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