LIPA PHARMACEUTICALS LIMITED - EMPLOYEE COLLECTIVE AGREEMENT 2025 - 2028

Application for approval of the Lipa Pharmaceuticals Limited - Employee Collective Agreement 2025 - 2028

[1] An application has been made for approval of an enterprise agreement known as the Lipa Pharmaceuticals Limited - Employee Collective Agreement 2025 - 2028 (Agreement). The application was made by Lipa Pharmaceuticals Ltd (Lipa) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

[2] Lipa has provided written undertakings. 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 requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] Lipa confirmed during the approval process that day workers who agree to work ordinary hours on the weekend pursuant to clause 41.4 will receive the weekend penalty rates prescribed in clause 47.3.

[5] Noting clause 3.7 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 will ensure that employees can only be required to work on public holidays in accordance with the conditions in the NES, despite clause 49.4 of the Agreement.

[6] 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.

[7] 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 30 September 2028.

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