Contract Pharmaceutical Services of Australia Pty Ltd

[2014] FWC 986

[2014] FWC 986

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Contract Pharmaceutical Services of Australia Pty Ltd
(AG2013/12772)

DEPUTY PRESIDENT LAWRENCE SYDNEY, 10 FEBRUARY 2014

Application for approval of the CPSA Employee Enterprise Agreement 2013 - refusal.

[1] Contract Pharmaceutical Services of Australia Pty Ltd (the Applicant) lodged an application on 19 December 2013, pursuant to s.185 of the Fair Work Act 2009 (the Act), seeking approval of the Fair Work Commission for an Enterprise Agreement entitled the CPSA Employee Enterprise Agreement 2013 (the Agreement).

[2] The Agreement is proposed to operate for three years from the date of approval.

[3] There were a number of procedural and content issues with the documentation lodged which have been the subject of discussion and correspondence between my chambers and the Applicant.

[4] A hearing took place in Sydney on 5 February 2014.

[5] Whilst a number of the issues may not have been fatal to the endorsement of the Agreement, there are two which, in my view, mean that the Agreement should not be approved by the Commission.

[6] Firstly, the Notice of Employee Representational Rights distributed to employees is not in the form and does not contain the content required by s.174 of the Act and Schedule 2.1 of the Fair Work Regulations 2009.

[7] Secondly, the Agreement does not contain wage rates and I am unable to be satisfied that the Agreement satisfies the Better Off Overall Test as required by s.193 of the Act.

[8] Accordingly, I decline to approve the Agreement.

DEPUTY PRESIDENT

Appearances:

E. Ajaj with C. Stibbs for the Applicant.

Hearing details:

2014

Sydney:

February 5.

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