Australian Pharmaceutical Industries Pty Ltd
[2023] FWCA 1074
•13 APRIL 2023
| [2023] FWCA 1074 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Australian Pharmaceutical Industries Pty Ltd
(AG2023/904)
AUSTRALIAN PHARMACEUTICAL INDUSTRIES LAUNCESTON DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2022
| Pharmaceutical industry | |
| COMMISSIONER MIRABELLA | MELBOURNE, 13 APRIL 2023 |
Application for approval of the Australian Pharmaceutical Industries Launceston Distribution Centre Enterprise Agreement 2022.
Australian Pharmaceutical Industries Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Australian Pharmaceutical Industries Launceston Distribution Centre Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.
I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.5(b) of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Shop, Distributive and Allied Employees Association, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.
The Agreement was approved on 13 April 2023 and, in accordance with s.54, will operate from 20 April 2023. The nominal expiry date of the Agreement is 12 June 2025.
COMMISSIONER
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