Friendly Society Medical Association Limited T/A National Pharmacies

[2019] FWCA 5737

[2019] FWCA 5737

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Friendly Society Medical Association Limited T/A National Pharmacies
(AG2019/2538)

NATIONAL PHARMACIES AND PROFESSIONALS AUSTRALIA PHARMACIES AGREEMENT 2019

Pharmaceutical industry
COMMISSIONER PLATT	ADELAIDE, 19 AUGUST 2019

Application for approval of the National Pharmacies and Professionals Australia Pharmacies Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the National Pharmacies and Professionals Australia Pharmacies Agreement 2019 (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 agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 2 August 2019.

[3] On 7 August 2019, I conducted telephone conferences with the parties to seek clarification about aspects of the Agreement. The Applicant was represented by Mr Rod Reid (Employer Bargaining Representative).

[4] The Applicant has submitted an undertaking in the required form dated 14 August 2019. The undertaking deals with the following topics:

•  Employees who are required by National Pharmacies to undertake training pursuant to clause 13 of the Agreement will paid for the time so engaged.

•  Clause 14.2 of the Agreement will not operate.

•  Clause 14.3 of the Agreement will apply to all part-time employees and the reference to the word “other” in the title will have no effect.

•  Clause 14.3.2 of the Agreement has been amended so as to require any variation to the agreed arrangements to be in writing.

•  A new clause 14.3.3 has been inserted into the Agreement.

•  A new clause 18.2.8 has been inserted into the Agreement. The clause confirms that part-time employees who work in excess of the agreed number of hours will be paid overtime.

•  Clause 15.2 of the Agreement has been amended to reduce the averaging period to two (2) weeks.

•  A new clause 19.5 has been inserted which deals with time off in lieu (TOIL) at termination of employment.

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

[6] 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.

[7] The “Association of Professional Engineers, Scientists and Managers, Australia (APESMA)”, 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.

[8] 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.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 13 May 2022.

COMMISSIONER

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