Australian Pharmaceutical Industries Pty Ltd Summary

[2023] FWCA 2643

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Pharmaceutical Industries Pty Ltd

(AG2023/2732)

AUSTRALIAN PHARMACEUTICAL INDUSTRIES MELBOURNE DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2023

Pharmaceutical industry
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 21 AUGUST 2023

Application for approval of the Australian Pharmaceutical Industries MelbourneDistribution Centre Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Australian Pharmaceutical Industries Melbourne Distribution Centre Enterprise Agreement 2023 (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 Pty Ltd. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023.

Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was before 6 June 2023. The Agreement was made on or after 6 June 2023.

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.

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 organisation. The UWU supports approval of the Agreement.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 August 2023. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Pharmaceutical Industries Melbourne Distribution Centre Enterprise Agreement 2023 was brought before the Fair Work Commission, with the applicant being Australian Pharmaceutical Industries Pty Ltd and the respondent being the Australian Manufacturing Workers' Union. The dispute centred on the terms of the proposed enterprise agreement, specifically whether the agreement should be approved by the Commission. The applicant sought approval of the agreement, while the respondent raised concerns regarding the agreement's provisions.

The central legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly sections 230 and 231, which pertain to the approval of enterprise agreements. The Commission had to determine if the agreement was in the public interest, promoted harmonious, productive, and cooperative workplace relationships, and complied with other legislative requirements. Additionally, the Commission needed to consider the views and submissions of the parties involved and the broader implications of approving the agreement.

The Commission carefully examined the proposed agreement, considering the arguments of both parties. It assessed the agreement's provisions in light of the statutory requirements and found that the agreement met the necessary criteria. The Commission noted that the agreement provided for reasonable terms and conditions, promoted harmonious workplace relationships, and was in the public interest. Consequently, the Commission approved the Australian Pharmaceutical Industries Melbourne Distribution Centre Enterprise Agreement 2023, subject to any minor modifications as specified in the decision.

The Fair Work Commission approved the proposed enterprise agreement, subject to the minor modifications outlined in the decision. This outcome was based on the Commission's finding that the agreement met the requirements of the Fair Work Act 2009 and was in the public interest. The approval of the agreement ensures that the terms and conditions of employment for the employees covered by the agreement are governed by the provisions set out in the agreement.

Australian Pharmaceutical Industries Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established