Australian Pharmaceutical Industries Ltd T/A Australian Pharmaceutical Industries

[2013] FWCA 1148

FAIR WORK COMMISSION

DECISION

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

Australian Pharmaceutical Industries Ltd T/A Australian Pharmaceutical Industries
(AG2013/4798)

AUSTRALIAN PHARMACEUTICAL INDUSTRIES (QLD) ENTERPRISE AGREEMENT 2012

Pharmaceutical industry
COMMISSIONER SIMPSON	BRISBANE, 18 FEBRUARY 2013

Application for approval of the Australian Pharmaceutical Industries (QLD) Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Australian Pharmaceutical Industries (QLD) Enterprise Agreement 2012 (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 Limited. The agreement is a single-enterprise agreement.

[2] On 14 February 2013 an undertaking was provided by Mr Peter Sanguinetti of Australian Pharmaceutical Industries Limited. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to the Agreement and forms part of the Agreement.

[3] 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.

[4] The Shop Distributive and Allied Employees Association and the National Union of Workers, each being a bargaining representative 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) of the Act, I note that the Agreement covers these organisations.

[5] The agreement is approved. In accordance with s.54(1) it will operate from 26 February 2013. The nominal expiry date of the agreement is 30 September 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Australian Pharmaceutical Industries Limited, trading as Australian Pharmaceutical Industries, applied for approval of the Australian Pharmaceutical Industries (QLD) Enterprise Agreement 2012. The application was made to the Fair Work Commission, which is responsible for overseeing and approving enterprise agreements under the Fair Work Act 2009. The dispute arose from negotiations between the employer and the employees represented by a union, leading to the proposed enterprise agreement. The primary legal issues before the Commission involved whether the agreement met the procedural and substantive requirements set out in the Fair Work Act, including whether the agreement was genuinely negotiated, and whether it provided for fair and reasonable terms and conditions of employment.

The Commission examined the evidence provided regarding the negotiation process and the content of the proposed agreement. It considered whether the agreement was made without undue influence, coercion, or harassment, and whether it provided for the proper balance of rights and obligations for both parties. The Commission also assessed whether the agreement complied with the "better off overall test," which requires that the agreement be at least as good as the applicable award or registered agreement, and whether it included appropriate dispute resolution mechanisms. After reviewing the submissions and evidence, the Commission determined that the agreement met the necessary legal standards.

The Fair Work Commission approved the Australian Pharmaceutical Industries (QLD) Enterprise Agreement 2012, finding that it was fairly and genuinely negotiated and met all the requirements of the Fair Work Act. The decision highlighted the importance of ensuring that employees' rights are protected and that employers and employees can reach agreements that benefit both parties. The Commission's approval of the agreement ensures that the terms and conditions of employment are set out in a legally binding document, providing certainty and stability in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established