Australian Pharmaceutical Industries Pty Ltd
[2024] FWCA 2622
•15 JULY 2024
| [2024] FWCA 2622 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Australian Pharmaceutical Industries Pty Ltd
(AG2024/2379)
AUSTRALIAN PHARMACEUTICAL INDUSTRIES SOUTH AUSTRALIAN ENTERPRISE AGREEMENT 2024
| Pharmaceutical industry | |
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 15 JULY 2024 |
Application for approval of the Australian Pharmaceutical Industries South Australian Enterprise Agreement 2024
Introduction
Australian Pharmaceutical Industries Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Australian Pharmaceutical Industries South Australian Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Model Flexibility Term
The Agreement does not contain a flexibility term that meets the requirements of s.203 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement. A copy of the Flexibility term can be found in Appendix D.
Section 190 Undertakings
The employer provided written undertakings. A copy of the undertakings is attached in Appendix C. 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.
Section 186, 187, 188 and 190
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.
Section 183 Bargaining Representatives
The United Workers Union (UWU) 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 UWU.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 July 2024. The nominal expiry date of the Agreement is 30 June 2028.
DEPUTY PRESIDENT
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