Australian Pharmaceutical Industries Ltd T/A Australian Pharmaceutical Industries Ltd

[2019] FWCA 7885

[2019] FWCA 7885

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Pharmaceutical Industries Ltd T/A Australian Pharmaceutical Industries Ltd
(AG2019/3757)

AUSTRALIAN PHARMACEUTICAL INDUSTRIES LTD NSW ENTERPRISE AGREEMENT 2019

Pharmaceutical industry
COMMISSIONER JOHNS	SYDNEY, 19 NOVEMBER 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Australian Pharmaceutical Industries Ltd NSW Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Australian Pharmaceutical Industries Ltd T/A 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.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is taken to be a term of the Agreement.

[5] The United Workers’ Union and the Transport Workers’ Union of Australia 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 these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 November 2019. The nominal expiry date of the Agreement is 24 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE506147  PR714415>

Annexure A