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[9]
austlii:cth/FWCA/2025/2795
General information, not legal advice.
FWCA
2025-08-21
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Australian Pharmaceutical Industries Pty Ltd Trading AS Australian Pharmaceutical Industries
AUSTRALIAN PHARMACEUTICAL INDUSTRIES PTY LTD LAUNCESTON DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2025
Application for approval of the Australian Pharmaceutical Industries Pty Ltd Launceston Distribution Centre Enterprise Agreement 2025
[1] An application has been made for the approval of an enterprise agreement known as the Australian Pharmaceutical Industries Pty Ltd Launceston Distribution Centre Enterprise Agreement 2025. The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Australian Pharmaceutical Industries Pty Ltd Trading as Australian Pharmaceutical Industries (the Employer). The Agreement is a single enterprise agreement.
[2] I observe that clause 3.3.9 is likely to be inconsistent with the National Employment Standards (NES). The Agreement contains a NES precedence clause in clause 1.5(b). I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[3] The Employer provided written undertakings to address certain BOOT issues. A copy of the undertakings is attached in Appendix C of the Agreement. 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. The undertakings are taken to be a term of the Agreement.
[4] 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.
[5] The Shop, Distributive and Allied Employees' Association (SDA) 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 SDA.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 August 2025. The nominal expiry date of the Agreement is 21 August 2029.
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