GlaxoSmithKline Consumer Healthcare Australia Pty Ltd T/A GSK Consumer Healthcare

[2019] FWCA 1270

[2019] FWCA 1270

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GlaxoSmithKline Consumer Healthcare Australia Pty Ltd T/A GSK Consumer Healthcare
(AG2018/6878)

GLAXOSMITHKLINE CONSUMER HEALTHCARE AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2019

Pharmaceutical industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 FEBRUARY 2019

Application for approval of the GlaxoSmithKline Consumer Healthcare Australia Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the GlaxoSmithKline Consumer Healthcare Australia Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GlaxoSmithKline Consumer Healthcare Australia Pty Ltd T/A GSK Consumer Healthcare. 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.

[4] I note that Clauses 12.6 and 28 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 3 of the undertaking, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Australian Workers’ Union and the Shop, Distributive and Allied Employees Association being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 August 2019. The nominal expiry date of the Agreement is 29 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE502008  PR705332>

Annexure A