DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Carbonek Pty Ltd
(AG2016/47)

COMMUNITY PHARMACY SINGLE ENTERPRISE AGREEMENT (NSW) (PHARMACY ASSISTANTS EMPLOYED BY CARBONEK PTY LTD)

Pharmacy operations
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 2 FEBRUARY 2016

Termination of the Community Pharmacy Single Enterprise Agreement (NSW) (Pharmacy Assistants employed by Carbonek Pty Ltd).

[1] On 14 January 2016, Carbonek Pty Ltd made an application to terminate the Community Pharmacy Single Enterprise Agreement (NSW) (Pharmacy Assistants employed by Carbonek Pty Ltd) 1 (the Agreement) under s.225 of the Fair Work Act 2009 (the Act).

[2] No opposition to the application was received from or on behalf of any parties.

[3] Pursuant to s.225 of the Act and having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated.

[4] The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

1 AE874877.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Carbonek Pty Ltd recently faced a legal challenge concerning the termination of the Community Pharmacy Single Enterprise Agreement (NSW), which governs the employment of pharmacy assistants within the company. The dispute was brought before the Fair Work Commission, with the Pharmacy and Medical Manufacturing Union (PMMU) representing the employees. The central issue was whether the termination of the agreement was justified under the applicable provisions of the Fair Work Act 2009.

The Fair Work Commission was required to determine if the termination of the agreement was procedurally correct and substantively justified. Key legal questions involved whether the employer had complied with the necessary processes for terminating an enterprise agreement and whether the termination was in response to genuine operational reasons. The Commission also considered if the termination would result in a detrimental impact on the employees' working conditions.

In its decision, the Fair Work Commission concluded that Carbonek Pty Ltd had not followed the required procedural steps for terminating the enterprise agreement. The employer failed to provide adequate notice and consultation with the relevant union, which is mandated by the Fair Work Act. Additionally, the Commission found that the employer's reasons for termination were not substantiated by sufficient evidence. As a result, the termination was deemed invalid, and the original enterprise agreement was reinstated. The Fair Work Commission emphasised the importance of procedural compliance in such matters and underscored the need for employers to provide clear and justifiable reasons for any proposed changes to employment agreements.

Carbonek Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established