Mayne Pharma International Pty Ltd
[2024] FWCA 4202
•28 NOVEMBER 2024
| [2024] FWCA 4202 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Mayne Pharma International Pty Ltd
(AG2024/4033)
MAYNE PHARMA INTERNATIONAL, SALISBURY ENTERPRISE AGREEMENT 2024
| Pharmaceutical industry | |
| COMMISSIONER THORNTON | ADELAIDE, 28 NOVEMBER 2024 |
Application for approval of the Mayne Pharma International, Salisbury Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Mayne Pharma International, Salisbury Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mayne Pharma International Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings (see 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
Clause 40 concerning the entitlement to compassionate leave may be inconsistent with the National Employment Standards in that it does not reference an entitlement to compassionate leave in the event of stillbirth or miscarriage in accordance with section 105(b) and (c) of the Act. The Applicant has provided an undertaking that includes a National Employment Standards (NES) precedence clause. Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the United Workers’ Union (UWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU, UWU and CEPU.
The Agreement is approved and will operate in accordance with s.54 of the Act from 5 December 2024. The nominal expiry date of the Agreement is 30 June 2027.
COMMISSIONER
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ANNEXURE A:
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