DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Carbonek Pty Ltd
(AG2016/48)

COMMUNITY PHARMACY SINGLE ENTERPRISE AGREEMENT (NSW) (PHARMACISTS, PHARMACY GRADUATES AND PHARMACY STUDENTS EMPLOYED BY CARBONEK PTY LTD)

Pharmacy operations
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 2 FEBRUARY 2016

Termination of the Community Pharmacy Single Enterprise Agreement (NSW) Pharmacists, Pharmacy Graduates & Students 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) Pharmacists, Pharmacy Graduates & Students 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 AE872802.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Carbonek Pty Ltd was a defendant in a matter before the Fair Work Commission, where the primary issue was the termination of the Community Pharmacy Single Enterprise Agreement (NSW) Pharmacists, Pharmacy Graduates & Students Employed by Carbonek Pty Ltd. The dispute arose when Carbonek Pty Ltd sought to terminate the agreement, which was in place between the employer and the employees represented by the Health Services Union of Australia (HSU). The HSU contested the termination, arguing that it was unjust and not in accordance with the relevant provisions of the Fair Work Act 2009.

The central legal issues before the Commission were whether Carbonek Pty Ltd had valid grounds to terminate the enterprise agreement under the specified conditions and whether the process followed in attempting to terminate the agreement was lawful and procedurally correct. The HSU contended that the termination was unjustified and procedurally flawed, while Carbonek Pty Ltd argued that the termination was necessary and appropriately executed.

The Commission examined the provisions of the Fair Work Act and the particular terms of the enterprise agreement to determine the validity of the termination. It considered whether the termination complied with the procedural requirements outlined in the Act and if the employer had valid grounds to terminate the agreement. Ultimately, the Commission found that the employer had not met the requirements for a lawful termination, as the process was not correctly followed, and the termination was not justified under the circumstances. As a result, the termination was declared ineffective.

The Fair Work Commission ordered that the termination of the enterprise agreement be set aside and that the agreement continue to be in force. The Commission further directed that the employer and the union engage in good faith negotiations to resolve any issues related to the agreement's operation. The decision underscored the importance of adhering to the statutory process when seeking to terminate an enterprise agreement and highlighted the necessity for employers to act within the bounds of the law when making such decisions.

Carbonek Pty Ltd

DECISION

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Legal Principle Established