Mayne Pharma International Pty Ltd T/A Mayne Pharma International

[2019] FWCA 6657

[2019] FWCA 6657

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mayne Pharma International Pty Ltd T/A Mayne Pharma International
(AG2019/3346)

MAYNE PHARMA INTERNATIONAL, SALISBURY ENTERPRISE AGREEMENT 2019

Pharmaceutical industry
COMMISSIONER PLATT	ADELAIDE, 1 OCTOBER 2019

Application for approval of the Mayne Pharma International, Salisbury Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Mayne Pharma International, Salisbury Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Mayne Pharma International Pty Ltd T/A Mayne Pharma International. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 18 September 2019.

[3] The Agreement was not lodged within 14 days after it was made. The Applicant provided a satisfactory explanation. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to 6 September 2019.

[4] On 20 September 2019, I communicated with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[5] The Applicant has submitted an undertaking in the required form dated 23 September 2019. The undertaking deals with the following topic:

•  The Applicant provides that employees dismissed due to abandonment of employment are entitled to notice of termination in accordance with the National Employment Standards.

[6] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not express a view in relation to the undertaking.

[7] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[8] The National Union of Workers (NUW), the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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) of the Act I note that the Agreement covers these organisations.

[9] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 1 March 2021.

COMMISSIONER

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