Industrial Relations Commission of New South Wales CITATION : Australian Pharmaceutical Industries Limited NSW Branches Certified Enterprise Agreement 2001 (No 5) [2002] NSWIRComm 164 APPLICANT Australian Pharmaceutical Industries Limited RESPONDENTS PARTIES : Federated Clerks Union of Australia, New South Wales Branch National Union of Workers, New South Wales Branch Shop Assistants and Warehouse Employees' Federation of Australia, Newcastle and Northern New South Wales Transport Workers' Union of Australia, New South Wales Branch FILE NUMBER: 3016 of 2002 CORAM: Sams DP CATCHWORDS : Application for approval of enterprise agreement - various awards - pharmaceutical industry - wage increases - improved redundancy benefits - Agreement ratified for three years LEGISLATION CITED : Industrial Relations Act 1997 Anti Discrimination Act 1977 CASES CITED : Review of the Principles for Approval of Enterprise Agreements 2000, 101 IR 32 HEARING DATES: 06/12/2002 DATE OF JUDGMENT: 06/12/2002 APPLICANT Mr T Leahy, Australian Business Lawyers RESPONDENTS LEGAL REPRESENTATIVES: Ms F Hancock, Federated Clerks Union of Australia, New South Wales Branch Mr D Mehan, National Union of Workers, New South Wales Branch Ms L Hoffman, Shop Assistants and Warehous Employees' Federation of Australia, Newcastle and Northern New South Wales Mr G Selig, Transport Workers' Union of Australia, New South Wales Branch JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM : SAMS, DP 12 June 2002 Matter No. IRC02/3016 AUSTRALIAN PHARMACEUTICAL INDUSTRIES LIMITED NSW BRANCH CERTIFIED ENTERPRISE AGREEMENT 2001 (No 5) Application by Australian Pharmaceutical Industries Limited for approval of an Enterprise Agreement D E C I S I O N 1 Approval is sought from the Commission, pursuant to Div 2 Pt 2 ch 2 of the Industrial Relations Act 1996 ("the Act") for the registration of an enterprise agreement between Australian Pharmaceutical Industries Limited ("the applicant") and the Federated Clerks Union of Australia, New South Wales Branch, the National Union of Workers, New South Wales Branch, the Shop Assistants and Warehouse Employees Federation of Australia, Newcastle and Northern New South Wales and the Transport Workers Union of Australia, New South Wales Branch ("the Unions"). The application was filed on 28 May 2002 and listed for hearing on 12 June 2002, thereby fulfilling the requirements of s34(3) of the Act. 2 At the hearing of the matter Mr T Leahy from Australian Business Lawyers appeared for the applicant and Ms Hancock for the Federated Clerks Union; Mr Mehan for the National Union of Workers; Ms Hoffman for the Shop Assistants and Warehouse Employees Federation and Mr Selig For the Transport Workers Union of Australia, New South Wales Branch. 3 Before approving an enterprise agreement, the Commission must be satisfied that the statutory requirements, as outlined in the Industrial Relations Act 1996, the Anti Discrimination Act 1977 and the Enterprise Agreement Principles formulated by a Full Bench of the Commission in Review of the Principles for Approval of Enterprise Agreements 2000, 101 IR 332, have been met. 4 The application is accompanied by the required statement of particulars and an affidavit sworn on 22 May 2002 by Ms Mary Collins, National Group Human Resources Manager of Australian Pharmaceutical Industries Limited. The affidavit sets out the relevant matters provided for in the Act and the Commission's Principles governing the approval process for Enterprise Agreements. 5 The agreement covers some one hundred and one (101) employees employed at country branch operations of Australian Pharmaceutical Industries Limited located at Newcastle, Wollongong, Kempsey, Tamworth, Orange, Wagga Wagga and the former HAS site at Gateshead. These employees are covered by the Clerical and Administrative Employees (State) Award; Warehouse Employees Drugs (State) Award; Transport Industry - Mixed Enterprises Interim (State) Award and Storemen and Packers (Wholesale Drug Stores) State Award. I note the agreement will replace the API NSW Branches Enterprise Agreement 1999 (No 4). 6 The agreement provides amongst other things, for three wage increases of 5 percent from September last year, 4 percent in September this year and a further 4 percent in 2003. I am also advised that the agreement provides for new and improved severance pay provisions in excess of the standards of this Commission. 7 The agreement also provides for the mandatory disputes procedures in clause 3.1 and I am also satisfied that the relevant test case standards of this Commission are either incorporated or acceded by the terms of the agreement 8 Having heard the submissions of the parties and reviewing the terms of the agreement, I am satisfied there is no net detriment to the employees otherwise bound by the terms and conditions of the relevant Award, that the parties understand the effect of their agreement and the agreement was not entered into under duress. 9 Accordingly, the Commission approves the agreement known as the Australian Pharmaceutical Industries Limited NSW Branches Certified Enterprise Agreement 2001 (No 5). The approval is made pursuant to s35 of the Act and the agreement is to take effect on and from 12 June 2002 and remain in force for three years. Peter Sams Deputy President DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.