austlii:cth/FWCA/2025/3730
General information, not legal advice.
FWCA
2025-11-06
Original judgment source is linked above.
s.185 - Enterprise agreement
Australian Pharmaceutical Industries Pty Ltd Trading AS API or Australian Pharmaceutical Industries
AUSTRALIAN PHARMACEUTICAL INDUSTRIES PTY LTD NSW ENTERPRISE AGREEMENT 2025
Australian Pharmaceutical Industries Pty Ltd NSW Enterprise Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the Australian Pharmaceutical Industries Pty Ltd NSW Enterprise Agreement 2025 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by Australian Pharmaceutical Industries Pty Ltd. The Agreement is a single enterprise agreement.
[2] I am satisfied that each requirement of ss 186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.
[3] Noting clause 1.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES. This clause will ensure employees are entitled to 10 days of paid family and domestic violence leave under the NES, despite the reference to 5 days in clause 7.8.3 of the Agreement.
[4] The United Workers' Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the UWU.
[5] The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 24 September 2029.

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