DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ePharmacy Group Pty Ltd
(AG2015/6863)

PRESTON EPHARMACY ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER GREGORY	MELBOURNE, 24 DECEMBER 2015

Application for approval of the Preston ePharmacy Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Preston ePharmacy Enterprise Agreement 2015 (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. 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.

[3] The National Union of Workers 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2015. The nominal expiry date of the Agreement is 30 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The ePharmacy Group Pty Ltd was before the Fair Work Commission to seek approval for the Preston ePharmacy Enterprise Agreement 2015. The dispute centred around the company's application to have this agreement approved under section 232 of the Fair Work Act 2009. The applicant, ePharmacy Group, sought to have the agreement recognised as a certified agreement, which would ensure its provisions became binding on the employees covered by the agreement.

The legal issues before the Commission were whether the agreement contained all the mandatory terms prescribed by the Act and whether the agreement had been made in accordance with the procedural requirements of the Act. Specifically, the Commission had to consider whether the necessary majority of employees had been consulted about the agreement, and whether the agreement complied with the good faith bargaining requirements and other statutory provisions.

The Commission examined the evidence provided and found that the agreement contained all the mandatory terms as required by the Act. Furthermore, the Commission was satisfied that the agreement had been made in accordance with the procedural requirements of the Act, including that the requisite majority of employees had been consulted and that the agreement had been made in good faith. The Commission also noted that the agreement provided for appropriate mechanisms for the resolution of future disputes between the parties. Therefore, the Commission approved the application and certified the Preston ePharmacy Enterprise Agreement 2015 as a registered agreement. This decision ensures that the terms and conditions outlined in the agreement will be legally binding for the employees covered by it.

ePharmacy Group 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