Sun Pharmaceutical Industries (Australia) Pty Ltd T/A Sun Pharma

[2022] FWCA 1954

[2022] FWCA 1954

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sun Pharmaceutical Industries (Australia) Pty Ltd T/A Sun Pharma

(AG2022/1787)

Sun Pharmaceutical Industries (Australia) Pty Ltd Fairy Maintenance Enterprise Agreement 2022

Pharmaceutical industry
COMMISSIONER CIRKOVIC	HOBART, 15 JUNE 2022

Application for approval of the Sun Pharmaceutical Industries (Australia) Pty Ltd Fairy Maintenance Enterprise Agreement 2022

1. Sun Pharmaceutical Industries (Australia) Pty Ltd T/A Sun Pharma (the Applicant) has made an application for approval of an enterprise agreement known as the Sun Pharmaceutical Industries (Australia) Pty Ltd Fairy Maintenance Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 10 June 2022.

1. On 10 June 2022, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

·  Chambers sought and received submissions regarding agreement pre-approval requirements, specifically the provision of voting materials to employees.

·  Clause 23.4(b) regarding personal/carer’s leave, clause 24.2 regarding compassionate leave and clause 27.8 regarding public holidays may be inconsistent with the National Employment Standards (NES) however the NES precedence term contained at clause 5.5 of the agreement is deemed sufficient to resolve these NES concerns.

·  Chambers raised better off overall concerns regarding trainee rates however the employer confirmed that trainees will not be employed during the life of the agreement.

1. 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 (CEPU) 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.

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 March 2024.

COMMISSIONER

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