Friendly Society Medical Association Limited T/A National Pharmacies

[2023] FWCA 633

[2023] FWCA 633

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Friendly Society Medical Association Limited T/A National Pharmacies

(AG2023/311)

National Pharmacies Distribution Centre Enterprise Agreement 2022.

Pharmacy operations
COMMISSIONER PLATT	ADELAIDE, 27 FEBRUARY 2023

Application for approval of the National Pharmacies Distribution Centre Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the National Pharmacies Distribution Centre Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Friendly Society Medical Association Limited T/A National Pharmacies (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 21 February 2023.

1. On 23 February 2023, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

Undertaking

1. The Applicant has submitted an undertaking in the required form dated 24 February 2023. The undertaking deals with the following topics:

·   The provisions of Clause 34.2 of the Agreement will not be applied to additional hours worked by part time employees. As a result, all hours worked in additional to the contracted hours by part time employees will be paid at overtime rates.

1. A copy of the undertaking has been provided to the bargaining representative(s) and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative(s) did not express any view on the undertaking.

1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

Consultation Term

1. As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

Union covered

1. The United Workers Union, 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.

Approval

1. 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.

1. 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 September 2025.

COMMISSIONER

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