National Union of Workers

[2013] FWCA 1212

[2013] FWCA 1212

FAIR WORK COMMISSION

DECISION

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

National Union of Workers
(AG2013/320)

AUSTRALIAN BOTANICAL PRODUCTS AND NATIONAL UNION OF WORKERS AGREEMENT 2012

Pharmaceutical industry
COMMISSIONER ROE	MELBOURNE, 21 FEBRUARY 2013

Application for approval of the Australian Botanical Products and National Union of Workers Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Australian Botanical Products and National Union of Workers Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the National Union of Workers. The agreement is a single-enterprise agreement.

[2] Australian Botanical Products provided a signed undertaking in respect of Clauses 43 and 44 on 20 February 2013 from Neil Garland, Company Secratary. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] The application was not lodged within 14 days after the agreement was made. The reason for the delay was provided with the application and was due to administrative error.

[6] Pursuant to s.185(3)(b) of the Act, in all the circumstances, I consider it fair to extend the time for making the application to the date it was actually made.

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

[8] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 February 2013. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

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