Epic Pharmacy Services Pty Ltd T/A Epic Pharmacy

[2019] FWCA 5696

[2019] FWCA 5696

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Epic Pharmacy Services Pty Ltd T/A Epic Pharmacy
(AG2019/2131)

EPIC SEQ HOSPITAL PHARMACY SERVICES ENTERPRISE AGREEMENT 2018 - 2021

Pharmaceutical industry
COMMISSIONER BOOTH	BRISBANE, 16 AUGUST 2019

Application for approval of the Epic SEQ Hospital Pharmacy Services Enterprise Agreement 2018 - 2021.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Epic Pharmacy Services Pty Ltd T/A Epic Pharmacy (Epic Pharmacy) for approval of the Epic SEQ Hospital Pharmacy Services Enterprise Agreement 2018 - 2021 (the Agreement). The agreement is a single enterprise agreement.

[2] Correspondence was sent to Epic Pharmacy and the bargaining representatives on 5 July 2019, raising a number of concerns in relation to the Agreement.

[3] The matter was listed for a telephone conference on 24 July 2019 to discuss the concerns raised.

[4] Further to the conference, Epic Pharmacy filed undertakings addressing the concerns. Epic Pharmacy filed an amended undertakings on 1 August 2019.

[5] The undertakings meets the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[6] It is noted that the consultation term at clause 2.1 of the Agreement and the flexibility term at clause 6 of the Agreement do not appear consistent with the requirements of the Act. Accordingly, the model consultation and flexibility terms set out in the Fair Work Regulations 2009 are taken to be terms of the Agreement.

[7] Subject to the undertakings provided, and the matters raised at paragraph [6], I am satisfied that each of the requirements of ss.186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

[8] The Association of Professional Engineers, Scientists and Managers, Australia (APESMA) filed a Form F18 in this matter, stating that it supports approval of the Agreement, and providing notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(1), I note that the Agreement covers the APESMA.

[9] The Agreement is approved and, in accordance with s.54 of the Act and clause 1.3(a) of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2021.

COMMISSIONER

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Attachment A