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

Annexure A

CaseChat Overview and Summary

Australian Pharmaceutical Industries Ltd, trading as Australian Pharmaceutical Industries Ltd, applied for approval of the Australian Pharmaceutical Industries Ltd NSW Enterprise Agreement 2019. The matter was heard in the Fair Work Commission, where the dispute centred on whether the enterprise agreement complied with the Fair Work Act 2009. The respondents, represented by a union, argued that the agreement did not adequately protect employees' conditions and rights.

The primary legal issues the Commission needed to address were whether the agreement met the requirements for "protected action" under the Fair Work Act, including whether it was made in good faith and whether it provided for fair and reasonable terms and conditions. Additionally, the Commission examined whether the agreement appropriately balanced the interests of the employer and employees, particularly in relation to pay rates, working hours, and employee protections.

The Fair Work Commission determined that the agreement was made in good faith and provided for fair and reasonable terms and conditions. The Commission found that the agreement appropriately balanced the interests of the employer and employees, providing adequate protections and benefits while allowing for flexibility in the workplace. The Commission also noted that the agreement included provisions for dispute resolution and the protection of employee rights, which aligned with the objectives of the Fair Work Act. Consequently, the Commission approved the Australian Pharmaceutical Industries Ltd NSW Enterprise Agreement 2019.

The Commission ordered that the agreement be approved as a registered agreement, effective from the date of the decision. The approval ensures that the terms and conditions outlined in the agreement are legally binding on the parties involved. This decision sets a precedent for future enterprise agreements within the industry, reinforcing the importance of good faith negotiations and fair terms.

Australian Pharmaceutical Industries Ltd T/A 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