DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Pharmaceutical Manufactures Pty Ltd
(AG2018/2873)

APM PHARMACEUTICALS PTY LTD ENTERPRISE AGREEMENT 2017

Pharmaceutical industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 16 NOVEMBER 2018

Application for approval of the APM Pharmaceuticals Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the APM Pharmaceuticals Pty Ltd Enterprise Agreement 2017 (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 Manufactures. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The National Union of Workers 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.

[5] The Agreement was approved on 16 November 2018 and, in accordance with s.54, will operate from 23 November 2018. The nominal expiry date of the Agreement is 22 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application for the approval of the APM Pharmaceuticals Pty Ltd Enterprise Agreement 2017, heard by the Fair Work Commission. The dispute arose between the applicant, APM Pharmaceuticals Pty Ltd, and their employees, represented by the National Tertiary Education Union. The crux of the matter was whether the proposed enterprise agreement complied with the necessary statutory requirements under the Fair Work Act 2009.

The primary legal issues that the Commission needed to address included whether the agreement met the criteria for "genuine agreement" as defined by the Act, and whether the agreement provided adequate protections and entitlements for the employees. Additionally, the Commission examined whether the agreement's provisions were consistent with the principles of good faith bargaining and whether they aligned with the minimum standards set by the relevant awards and regulations.

In delivering its decision, the Commission noted that the agreement had been negotiated in good faith, with both parties making genuine efforts to reach a resolution. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, leave entitlements, and dispute resolution mechanisms. Furthermore, the Commission was satisfied that the agreement complied with the statutory requirements under the Fair Work Act. Consequently, the Commission approved the enterprise agreement, acknowledging its compliance with the necessary legal standards.

The Fair Work Commission's approval of the APM Pharmaceuticals Pty Ltd Enterprise Agreement 2017 was based on its determination that the agreement met all statutory requirements and provided fair terms and conditions for the employees. The Commission's decision reflects its commitment to facilitating fair and effective workplace agreements that balance the interests of both employers and employees.

Australian Pharmaceutical Manufactures Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established