Ross Laboratories Aust Pty Ltd T/A Ross Laboratories Aust Pty Ltd
[2024] FWCA 2649
•17 JULY 2024
| [2024] FWCA 2649 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Ross Laboratories Aust Pty Ltd T/A Ross Laboratories Aust Pty Ltd
(AG2024/2459)
ROSS LABORATORIES COLLECTIVE AGREEMENT 2024
| Pharmaceutical industry | |
| COMMISSIONER LEE | MELBOURNE, 17 JULY 2024 |
Application for approval of the Ross Laboratories Collective Agreement 2024
An application has been made for approval of an enterprise agreement known as the Ross Laboratories Collective 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 Ross Laboratories Aust Pty Ltd T/A Ross Laboratories Aust Pty Ltd. The Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
The United Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Right to request casual conversion - clauses 14.2.2(c) and (d).
· Time of taking annual leave - clauses 28.6.3 and 28.6.2.
However, noting clause 6.1.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 July 2024. The nominal expiry date of the Agreement is 20 March 2027.
COMMISSIONER
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