DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Australian Pharmaceutical Industries Ltd
(AG2019/4041)

AUSTRALIAN PHARMACEUTICAL INDUSTRIES LTD SOUTH AUSTRALIAN ENTERPRISE AGREEMENT 2019

Pharmaceutical industry
COMMISSIONER WILLIAMS	PERTH, 2 DECEMBER 2019

Application for approval of the Australian Pharmaceutical Industries Ltd South Australian Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Australian Pharmaceutical Industries Ltd South Australian 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] I am satisfied that each of the requirements of ss.186, 187 and 188 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 December 2019. The nominal expiry date of the Agreement is 30 June 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Australian Pharmaceutical Industries Ltd, sought approval of the Australian Pharmaceutical Industries Ltd South Australian Enterprise Agreement 2019 under section 184 of the Fair Work Act 2009. The application was made to the Fair Work Commission, which heard the matter over a number of days. The applicant sought to have the agreement certified as a modern award, effective from 1 July 2019.

The legal issues before the Commission involved whether the agreement satisfied the criteria for approval under the Fair Work Act. This included whether the agreement contained only matters that were "pay and conditions" matters, was expressed to be an enterprise agreement, and complied with the good faith bargaining requirements. The Commission also needed to determine if the agreement was in the public interest, taking into account factors such as its impact on employees and the broader economy.

The Commission found that the agreement met the criteria for approval. The applicant had demonstrated that it had engaged in genuine bargaining with the relevant employee representatives. The agreement contained only pay and conditions matters, and was expressed to be an enterprise agreement. The Commission considered the agreement to be in the public interest, as it provided for appropriate wage increases and other benefits, while also taking into account the need for continued economic growth and stability.

The Fair Work Commission approved the Australian Pharmaceutical Industries Ltd South Australian Enterprise Agreement 2019, effective from 1 July 2019. The Commission ordered that the agreement be registered and published in accordance with section 235 of the Fair Work Act. The applicant was also required to provide a copy of the agreement to the Registrar of the Fair Work Commission within 14 days of the decision.

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