Catalent Australia Pty Ltd T/A Blackmores Manufacturing

[2022] FWCA 906

[2022] FWCA 906

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Catalent Australia Pty Ltd T/A Blackmores Manufacturing

(AG2022/630)

Catalent Australia Pty Ltd (t/a Blackmores Manufacturing) Production Employees Enterprise Agreement 2021-2024

Pharmaceutical industry
COMMISSIONER O'NEILL	MELBOURNE, 22 MARCH 2022

Application for approval of the Catalent Australia Pty Ltd (t/a Blackmores Manufacturing) Production Employees Enterprise Agreement 2021-2024

1. Catalent Australia Pty Ltd has applied for approval of an enterprise agreement known as the Catalent Australia Pty Ltd (t/a Blackmores Manufacturing) Production Employees Enterprise Agreement 2021-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

1. The year in the agreement title in the Notice of Representational Rights (NERR) distributed to employees is slightly different to the agreement title in clause 1 of the Agreement. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the NERR requirements under s.174 of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this error. Accordingly, I exercise the discretion conferred by s.188(2) of the Act.

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

1. The United Workers’ Union 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.

1. I observe that clause 11(b) is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 March 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

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<AE515347  PR739347>