Australian Pharmaceutical Industries Pty Ltd

[2022] FWCA 3861

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Pharmaceutical Industries Pty Ltd

(AG2022/4464)

Australian Pharmaceutical Industries Pty Ltd NSW Enterprise Agreement 2022

Pharmaceutical industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 3 NOVEMBER 2022

Application for approval of the Australian Pharmaceutical Industries Pty Ltd NSW Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Australian Pharmaceutical Industries Pty Ltd NSW Enterprise Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 13 November 2022. The nominal expiry date of the Agreement is 24 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Court involved a dispute concerning the approval of a proposed enterprise agreement between Australian Pharmaceutical Industries Pty Ltd (API) and its employees. The application for approval was brought under the Fair Work Act 2009, seeking confirmation that the agreement met the necessary legal standards for approval. The case was heard in the Fair Work Commission (FWC), the body responsible for regulating and enforcing workplace laws in Australia.

The primary legal issues addressed by the FWC were whether the agreement complied with the provisions of the Fair Work Act, particularly sections relating to the terms and conditions of employment, and whether it had been made in good faith and without coercion. The FWC had to ensure that the agreement included all mandated minimum terms and conditions, provided for a fair and transparent process for its negotiation, and that it was fair and reasonable in its terms.

The FWC found that the proposed agreement met all necessary legal requirements. It was confirmed that the agreement contained all mandated minimum terms and conditions and provided for a fair and transparent process for its negotiation. The FWC also determined that the agreement was fair and reasonable, taking into account the specific circumstances of the workplace and the parties involved. Consequently, the FWC approved the agreement, confirming its compliance with the relevant legislative framework.

The FWC made orders approving the Australian Pharmaceutical Industries Pty Ltd NSW Enterprise Agreement 2022, effective from the date specified in the agreement. This decision ensures that the terms of the agreement are legally binding on the parties, providing a stable framework for the employment relationship going forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established