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austlii:cth/FWCA/2023/884
procedural. The Agreement was approved and will operate in accordance with s.54 of the Fair Work Act 2009.
The Fair Work Commission approved a single-enterprise agreement for Australian Pharmaceutical Industries Pty Ltd covering its Western Australian operations. The Commission confirmed that all legal requirements were met, noted that a standard consultation term would apply because the agreement did not include one, and recorded that two unions (the SDA and UWU) would be covered by the agreement after they requested coverage.
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2 cited instruments linked from this judgment.
s.185 - Application for approval of a single-enterprise agreement
Australian Pharmaceutical Industries Pty Ltd T/A Australian Pharmaceutical Industries Pty Ltd
APPLICATION FOR APPROVAL OF THE AUSTRALIAN PHARMACEUTICAL INDUSTRIES WESTERN AUSTRALIAN ENTERPRISE AGREEMENT 2022.
Application for approval of the Australian Pharmaceutical Industries Western Australian Enterprise Agreement 2022.
[1] An application has been made for approval of an enterprise agreement known as the Australian Pharmaceutical Industries Western Australian Enterprise Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Pharmaceutical Industries Pty Ltd T/A Australian Pharmaceutical Industries Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
[2] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
[3] The Agreement does not contain a model consultation term compliant with the Act. Pursuant to section 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
[4] The Shop, Distributive and Allied Employees' Association (SDA) and United Workers Union (UWU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the SDA and UWU.
[5] The Agreement is approved and will operate in accordance with s.54 of the Act.
Printed by authority of the Commonwealth Government Printer
The Agreement was approved and will operate in accordance with s.54 of the Fair Work Act 2009.