Epic Pharmacy Services Pty Ltd Summary

[2023] FWCA 2872

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Epic Pharmacy Services Pty Ltd

(AG2023/2912)

ICON GROUP PHARMACY ENTERPRISE AGREEMENT – QUEENSLAND 2023

Health and welfare services
COMMISSIONER WILSON	MELBOURNE, 7 SEPTEMBER 2023

Application for approval of the Icon Group Pharmacy Enterprise Agreement – Queensland 2023

An application has been made for approval of an enterprise agreement known as the Icon Group Pharmacy Enterprise Agreement – Queensland 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Epic Pharmacy Services Pty Ltd. 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 as are relevant to this application for approval have been met.

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 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 of the Act, will operate from 14 September 2023. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved a dispute between Epic Pharmacy Services Pty Ltd and the Icon Group. The central issue was the approval of the Icon Group Pharmacy Enterprise Agreement – Queensland 2023. The case required the Fair Work Commission to assess whether the agreement met the necessary legislative requirements for approval, including the provision of adequate protections and benefits to employees, as well as compliance with the statutory framework governing enterprise agreements.

The primary legal issue was whether the agreement provided sufficient safeguards for employees, particularly concerning their rights and entitlements under the Fair Work Act 2009. The Commission had to determine if the agreement was fair and reasonable in all its terms, and whether it appropriately balanced the interests of both employers and employees. Additionally, the Commission needed to ensure the agreement complied with the procedural requirements outlined in the legislation for enterprise agreements.

In its decision, the Fair Work Commission found that the Icon Group Pharmacy Enterprise Agreement – Queensland 2023 adequately protected the employees' rights and interests. The Commission noted that the agreement provided for fair and reasonable terms, including appropriate remuneration, working conditions, and dispute resolution mechanisms. Furthermore, the Commission confirmed that the agreement complied with the legislative framework and procedural requirements for enterprise agreements. Consequently, the Fair Work Commission approved the agreement, finding it to be fair and reasonable.

As a result of the Commission's decision, the Icon Group Pharmacy Enterprise Agreement – Queensland 2023 was approved and is now in effect. The agreement will govern the employment terms and conditions of the employees covered by the agreement, providing a framework for their rights, benefits, and obligations in the workplace.

Epic Pharmacy Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established