Epic Pharmacy Services Pty Ltd T/A Epic Pharmacy

[2021] FWCA 6641

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Epic Pharmacy Services Pty Ltd T/A Epic Pharmacy
(AG2021/7724)

EPIC SEQ HOSPITAL PHARMACY SERVICES ENTERPRISE AGREEMENT 2021 - 2022

Pharmaceutical industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 10 NOVEMBER 2021

Application for approval of the Epic SEQ Hospital Pharmacy Services Enterprise Agreement 2021 - 2022

[1] Epic Pharmacy Services Pty Ltd T/A Epic Pharmacy applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Epic SEQ Hospital Pharmacy Services Enterprise Agreement 2021 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Undertakings were provided by the Employer in response to concerns the Commission held in relation to whether the Agreement passes the better off overall test. A copy of the Undertakings is attached as Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person or organisation the Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings. Pursuant to subsection 190(3) of the Act, I accept the Undertakings. In accordance with s.201(3) of the Act, a copy of the Undertakings will be attached to the Agreement and forms part of the Agreement.

[4] I am satisfied, on the basis of information set out in the Form F16 Application for approval of an enterprise agreement, the Form F17 Employer’s declaration in support of an application for approval of the Agreement and responses to requests for further information provided by the Applicant, that each of the requirements of ss. l86, 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 s.186(3) and (3A), and on the basis of the information contained in the Form F17, I am satisfied that the group of employees covered by the Agreement was fairly chosen.

[5] The Association of Professional Engineers, Scientists and Managers, Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover that organisation. In accordance with s.201(2) of the Act, and based on the declaration provided by the organisation, I note that the Agreement covers this organisation.

[6] The Agreement is approved in accordance with s.54 of the Act and will operate from 17 November 2021. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

Epic Pharmacy Services Pty Ltd, trading as Epic Pharmacy, was involved in a dispute regarding the approval of the Epic SEQ Hospital Pharmacy Services Enterprise Agreement 2021-2022. The matter was heard in the Fair Work Commission. The primary issue was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement contained all the prescribed minimum terms and conditions, and whether it was fairly negotiated.

The legal issues centred on whether the agreement complied with the Fair Work Act's provisions, specifically sections 227 and 234, which detail the requirements for enterprise agreements. The Commission needed to determine if the agreement was a genuine enterprise agreement, whether it contained the minimum terms and conditions, and if it was negotiated in good faith. Furthermore, the court had to consider the application of the "better off overall test" to ensure that the agreement would not disadvantage the employees.

The Commission found that the agreement was fairly negotiated and contained all the prescribed minimum terms and conditions. It was concluded that the agreement met the requirements of the Fair Work Act. The Commission approved the agreement, recognising it as a genuine enterprise agreement that did not disadvantage employees. The Commission's decision was based on the comprehensive evidence presented by both parties and the thorough analysis of the agreement's provisions.

The final orders included the approval of the Epic SEQ Hospital Pharmacy Services Enterprise Agreement 2021-2022, effective from the date of the Commission's decision. The agreement was certified as meeting all statutory requirements and was deemed to be in the best interest of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established