Australian Pharmaceutical Industries Pty Ltd Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved a dispute concerning the application for the approval of the Australian Pharmaceutical Industries Launceston Distribution Centre Enterprise Agreement 2022. The applicant, Australian Pharmaceutical Industries Pty Ltd, sought to have the agreement approved by the Commission. The respondents, represented by the Health Services Union of Australia, opposed the application on various grounds, including the assertion that the agreement did not meet the requirements under the Fair Work Act 2009.

The primary legal issues the Commission was required to address were whether the agreement provided for the minimum terms and conditions of employment as mandated by the Act, and whether it complied with the procedural requirements for enterprise agreements. This included verifying that the agreement was made in good faith, had been fairly negotiated, and was appropriately certified by the Independent Office of Employee Relations. The Commission also needed to ensure that the agreement did not have an adverse effect on employees' job security and that it did not contain provisions that were detrimental to the workers.

In deliberating on the matter, the Commission considered the submissions from both parties and the evidence presented. The Commission found that the agreement was made in good faith and had been fairly negotiated. It also concluded that the agreement met the minimum terms and conditions of employment and did not contain any provisions that were contrary to public policy or detrimental to employees. The Commission took into account the procedural fairness in the negotiation process and the appropriate certification by the Independent Office of Employee Relations. As a result, the Commission approved the application for the agreement's approval.

The Fair Work Commission approved the application for the Australian Pharmaceutical Industries Launceston Distribution Centre Enterprise Agreement 2022, finding that it met all the legal requirements under the Fair Work Act 2009. The agreement was deemed to be made in good faith, fairly negotiated, and appropriately certified, without any adverse effect on employees' job security or public policy. The decision was communicated to the parties, and the agreement was officially approved for implementation.

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