Friendly Society Medical Association Limited T/A National Pharmacies
[2023] FWCA 2205
•18 JULY 2023
| [2023] FWCA 2205 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Friendly Society Medical Association Limited T/A National Pharmacies
(AG2023/2278)
NATIONAL PHARMACIES PHARMACISTS ENTERPRISE AGREEMENT 2022
| Pharmaceutical industry | |
| COMMISSIONER PLATT | ADELAIDE, 18 JULY 2023 |
Application for approval of the National Pharmacies Pharmacists Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the National Pharmacies Pharmacists Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Friendly Society Medical Association Limited T/A National Pharmacies (the Applicant). The agreement is a single enterprise agreement.
The matter was allocated to my Chambers on 14 July 2023.
There is one National Employment Standards (NES) issue that requires comment:
· Clause 13.3(b) of the Agreement states that if an employee who is at least 18 years old fails to give the required notice of termination, the employer has the right to withhold monies due to the employee on termination. This may restrict an employee’s entitlement to payment of NES entitlements upon termination of employment.
Clause 6.3 of the Agreement acts as an effective NES precedence clause. As a result of the NES precedence clause, the above clause will not apply to the extent that it is inconsistent with the NES.
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) of the Act I note that the Agreement covers this organisation.
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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2025.
COMMISSIONER
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