Lipa Pharmaceuticals Limited T/A Lipa Pharmaceuticals Limited

[2024] FWCA 2871

[2024] FWCA 2871

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lipa Pharmaceuticals Limited T/A Lipa Pharmaceuticals Limited

(AG2024/2530)

LIPA PHARMACEUTICALS LTD - EMPLOYEE COLLECTIVE AGREEMENT 2023-2025

Pharmaceutical industry
COMMISSIONER P RYAN	SYDNEY, 5 AUGUST 2024

Application for approval of the Lipa Pharmaceuticals Ltd - Employee Collective Agreement 2023-2025

1. Lipa Pharmaceuticals Limited (Employer) has made an application for approval of an enterprise agreement known as the Lipa Pharmaceuticals Ltd - Employee Collective Agreement 2023-2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Regulation 2.06A Requirements

1. The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (FW Regulations). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive the irregularity in the form or manner in which the application was made and do so pursuant to s.586(b) of the FW Act.

Section 190 Undertakings

1. The Employer 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. The undertakings are taken to be a term of the Agreement.

Sections 186, 187, 188 and 190

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval have been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the Employer’s responses to issues identified, and the Statement of Principles,[1]

1. One of the issues identified concerned the rate of pay for ordinary hours worked on a Saturday. I have accepted the Employer’s submission that it is not reasonably foreseeable that an employee covered by the Agreement will be rostered to work ordinary hours on a Saturday (see s.193A of the FW Act). I note that if those circumstances change an application under s.227A is available for a reconsideration of the better off overall test.

National Employment Standards

1. I observe that clauses 16.4, 24, 47.5 and 47.9 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 3.7 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Delegates’ rights term

1. The Agreement does not include a delegates’ rights term. Pursuant to s.205A(2) of the FW Act, clause 26A of the Pharmaceutical Industry Award 2020 is taken to be a term of the Agreement.

Section 183 Bargaining Representative

1. The United Workers’ Union (UWU), being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the UWU.

Approval

1. The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 12 August 2024. The nominal expiry date of the Agreement is 30 September 2025.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

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