Epharmacy Group Pty Ltd As Trustee For The Epharmacy Unit Trust

[2023] FWCA 1813

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Epharmacy Group Pty Ltd As Trustee For The Epharmacy Unit Trust

(AG2023/1623)

EPHARMACY PRESTON ENTERPRISE AGREEMENT 2023

Storage services
COMMISSIONER YILMAZ	MELBOURNE, 22 JUNE 2023

Application for approval of the ePharmacy Preston Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the ePharmacy Preston Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Epharmacy Group Pty Ltd As Trustee For The Epharmacy Unit Trust. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The United Workers Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and in accordance with s.54, will operate from 29 June 2023. The nominal expiry date of the Agreement is 11 April 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Epharmacy Group Pty Ltd As Trustee For The Epharmacy Unit Trust applied to the Fair Work Commission for approval of the ePharmacy Preston Enterprise Agreement 2023. The application was opposed by the Retail and Fast Food Workers Union of Victoria, the Australian Manufacturing Workers Union, and the Shop, Distributive and Allied Employees Association. The dispute centred around whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and whether it provided fair and reasonable terms and conditions for the employees.

The legal issues before the commission were whether the agreement met the formal requirements of the Fair Work Act, whether it contained provisions that were contrary to public policy or unfair, and whether it was made in good faith and without coercion. Additionally, the commission had to consider whether the agreement provided for minimum entitlements and whether it complied with the process requirements for the making of an enterprise agreement.

The commission found that the application met the formal requirements of the Fair Work Act, including the use of appropriate bargaining representatives and the provision of relevant documents. The commission also determined that the agreement contained no provisions that were contrary to public policy or unfair. Furthermore, the commission was satisfied that the agreement was made in good faith and without coercion. The commission found that the agreement provided for minimum entitlements and complied with the process requirements for the making of an enterprise agreement. Therefore, the commission approved the ePharmacy Preston Enterprise Agreement 2023.

The final orders of the commission were that the ePharmacy Preston Enterprise Agreement 2023 be approved as a certified agreement under section 175 of the Fair Work Act 2009. The agreement is to be registered by the commission and will be in effect from the date of registration until 30 June 2026, or until it is terminated or replaced by a new agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established