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

CaseChat Overview and Summary

In the matter of Epic Pharmacy Services Pty Ltd trading as Epic Pharmacy, the Fair Work Commission was tasked with approving the Epic SEQ Hospital Pharmacy Services Enterprise Agreement 2018-2021. The application for approval arose due to the need for a resolution of terms and conditions between the employer and the employees represented by the Health Services Union of Australia (HSU). The dispute centred around whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009, including compliance with the "better off overall test."

The primary legal issues before the Commission were whether the proposed agreement provided employees with a "fair share" of the benefits of productivity improvements, and if it met the requirements of the "better off overall test." This involved examining the proposed changes to wages, hours, and conditions, and determining if they provided employees with a fair share of productivity gains. The Commission also needed to consider whether the agreement was made in good faith and if it complied with the relevant provisions of the Fair Work Act.

The Commission found that the proposed agreement did indeed provide employees with a fair share of the benefits of productivity improvements, thereby satisfying the "better off overall test." The Commission emphasised that the proposed wages and conditions were fair and reasonable, taking into account the overall economic climate and the parties' bargaining positions. Additionally, the Commission was satisfied that the agreement was made in good faith, as evidenced by the extensive negotiations and the parties' willingness to compromise. Consequently, the Commission approved the Epic SEQ Hospital Pharmacy Services Enterprise Agreement 2018-2021.

The Commission's decision was grounded in a thorough analysis of the economic context, the parties' bargaining history, and the specific terms of the proposed agreement. The Commission's approval of the agreement ensured that the employees would benefit from fair and reasonable terms, while also providing the employer with the flexibility needed to manage their business effectively. The outcome reflected a balanced approach to industrial relations, recognising the importance of both productivity and fair treatment for employees.

Epic Pharmacy Services Pty Ltd T/A Epic Pharmacy

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established