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

[2019] FWCA 1374

[2019] FWCA 1374

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sun Pharmaceutical Industries (Australia) Pty Ltd T/A Sun Pharma
(AG2018/5763)

SUN PHARMACEUTICAL INDUSTRIES (AUSTRALIA) PTY LTD LATROBE SITE ENTERPRISE AGREEMENT 2018

Pharmaceutical industry
COMMISSIONER YILMAZ	MELBOURNE, 4 MARCH 2019

Application for approval of the Sun Pharmaceutical Industries (Australia) Pty Ltd Latrobe Site Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Sun Pharmaceutical Industries (Australia) Pty Ltd Latrobe Site Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sun Pharmaceutical Industries (Australia) Pty Ltd T/A Sun Pharma. The agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in 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.

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

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Union of Workers (NUW) 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) of the Act I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 March 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE502087  PR705458>

ANNEXURE A: