DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Batepharm Services Unit Trust T/A Capital Chemist Batemans Bay
(AG2016/2792)

CAPITAL CHEMISTS BATEMANS BAY PHARMACISTS’ ENTERPRISE AGREEMENT 2016 - 2019

Pharmaceutical industry
COMMISSIONER ROE	MELBOURNE, 13 MAY 2016

Application for approval of the Capital Chemists Batemans Bay Pharmacists’ Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Capital Chemists Batemans Bay Pharmacists’ Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Batepharm Services Unit Trust T/A Capital Chemist Batemans Bay. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.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 Agreement was approved on 13 May 2016 and, in accordance with s.54, will operate from 20 May 2016. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Batepharm Services Unit Trust trading as Capital Chemist Batemans Bay, sought approval for the Capital Chemists Batemans Bay Pharmacists’ Enterprise Agreement 2016-2019. The application was made under section 232 of the Fair Work Act 2009. The nature of the dispute involved the terms and conditions of employment for pharmacists working at the Batemans Bay location, including matters such as wages, working hours, and other employment conditions stipulated in the proposed agreement.

The legal issues before the court were whether the proposed enterprise agreement complied with the provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009. Specifically, the court needed to determine if the agreement met the criteria for good faith bargaining and if it provided for the fair treatment of employees. This included scrutinising whether the agreement provided adequate protections and benefits for the employees, and if it adhered to the relevant statutory requirements.

The Commission found that the proposed agreement met the statutory requirements and was in the interests of the employees. The agreement provided for fair and reasonable terms and conditions, including adequate wage increases and provisions for employee welfare. The Commission concluded that the agreement was made in good faith and provided for fair treatment of the employees, thereby satisfying the criteria under the Fair Work Act. The court approved the Capital Chemists Batemans Bay Pharmacists’ Enterprise Agreement 2016-2019.

Batepharm Services Unit Trust T/A Capital Chemist Batemans Bay

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established