Australian Pharmaceutical Industries Ltd

[2020] FWCA 127

[2020] FWCA 127

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Pharmaceutical Industries Ltd
(AG2019/4634)

AUSTRALIAN PHARMACEUTICAL INDUSTRIES LTD PERTH DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2019

Pharmaceutical industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 JANUARY 2020

Application for approval of the Australian Pharmaceutical Industries Ltd Perth Distribution Centre Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Australian Pharmaceutical Industries Ltd Perth Distribution Centre Enterprise Agreement 2019 (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 Employer 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. The undertakings are taken to be a term of 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] I note that Clause 3.8 is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 1.7 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[6] The Shop, Distributive and Allied Employees Association and the United Workers Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 January 2020. The nominal expiry date of the Agreement is 19 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE506718  PR715821>

Annexure A