DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Friendly Society Medical Association Limited T/A National Pharmacies
(AG2016/1485)

NATIONAL PHARMACIES AND PROFESSIONALS AUSTRALIA PHARMACISTS AGREEMENT 2016

Pharmacy operations
COMMISSIONER ROE	MELBOURNE, 21 JUNE 2016

Application for approval of the National Pharmacies and Professionals Australia Pharmacists Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the National Pharmacies and Professionals Australia Pharmacists Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Friendly Society Medical Association Limited T/A National Pharmacies. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 21 June 2016 and, in accordance with s.54, will operate from 28 June 2016. The nominal expiry date of the Agreement is 13 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Friendly Society Medical Association Limited T/A National Pharmacies, the Fair Work Commission was tasked with determining the merits of an application for the approval of the National Pharmacies and Professionals Australia Pharmacists Agreement 2016. The applicant, Friendly Society Medical Association Limited, sought the approval of the agreement to regulate the employment terms and conditions for pharmacists employed by the respondent, National Pharmacies. The dispute arose from negotiations between the employer and the trade union, Professionals Australia, regarding the terms and conditions of employment for the pharmacists.

The central legal issues the commission had to address were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the commission needed to determine if the agreement provided for the minimum entitlements for pharmacists, whether the agreement was in the public interest, and if it contained a genuine enterprise agreement. Additionally, the commission had to consider the bargaining representative’s authority to negotiate and enter into the agreement on behalf of the pharmacists.

The commission found that the agreement satisfied the statutory requirements for approval. The agreement provided for the minimum entitlements prescribed by the Fair Work Act, including minimum wages, penalty rates, leave provisions, and other standard terms and conditions. The commission also determined that the agreement was in the public interest, as it promoted the efficient operation of the pharmacy industry while safeguarding the interests of the pharmacists. Furthermore, the commission was satisfied that the agreement was genuinely negotiated and represented the collective interests of the pharmacists. Consequently, the commission approved the agreement, finding it to be a genuine enterprise agreement that would benefit both the pharmacists and the employer.

Friendly Society Medical Association Limited T/A National Pharmacies

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established