| [2023] FWCA 884 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Australian Pharmaceutical Industries Pty Ltd T/A Australian Pharmaceutical Industries Pty Ltd
(AG2023/608)
APPLICATION FOR APPROVAL OF THE AUSTRALIAN PHARMACEUTICAL INDUSTRIES WESTERN AUSTRALIAN ENTERPRISE AGREEMENT 2022.
| Pharmaceutical industry | |
| COMMISSIONER SIMPSON | BRISBANE, 23 MARCH 2023 |
Application for approval of the Australian Pharmaceutical Industries Western Australian Enterprise Agreement 2022.
An application has been made for approval of an enterprise agreement known as the Australian Pharmaceutical Industries Western Australian Enterprise Agreement 2022 (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 T/A Australian Pharmaceutical Industries Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
The Agreement does not contain a model consultation term compliant with the Act. Pursuant to section 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Shop, Distributive and Allied Employees’ Association (SDA) and United Workers Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the SDA and UWU.
The Agreement is approved and will operate in accordance with s.54 of the Act.
COMMISSIONER SIMPSON
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<AE519561 PR760554>
- AGLC
- Australian Pharmaceutical Industries Pty Ltd T/A Australian Pharmaceutical Industries Pty Ltd [2023] FWCA 884
- Case
- [2023] FWCA 884
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission were whether the proposed agreement met the requirements for approval under the Fair Work Act, including whether it provided for a fair and reasonable rate of pay, and whether it adhered to the principles of good faith bargaining and procedural fairness. Additionally, the Commission had to consider whether the proposed changes would unduly harm the employees or the broader community.
The Commission determined that the proposed agreement satisfied the criteria for approval. It found that the proposed changes provided for fair and reasonable terms and conditions of employment, taking into account the principles of good faith bargaining and procedural fairness. The Commission also concluded that the changes would not unduly harm the employees or the broader community. The application was approved, and the Australian Pharmaceutical Industries Western Australian Enterprise Agreement 2022 was registered with the Fair Work Commission.
Orders
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Background
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Evidence
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Decision
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