Healthcare Supply Partners Pty Ltd

[2024] FWCA 4526

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Healthcare Supply Partners Pty Ltd

(AG2024/4755)

HEALTHCARE LOGISTICS (NSW) ENTERPRISE AGREEMENT 2023

Pharmaceutical industry
COMMISSIONER CRAWFORD	SYDNEY, 17 DECEMBER 2024

Application for approval of the Healthcare Logistics (NSW) Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Healthcare Logistics (NSW) Enterprise Agreement 2023 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Healthcare Supply Partners Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

Noting clause 4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The United Workers’ Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the UWU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 31 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Healthcare Supply Partners Pty Ltd, which sought approval of the Healthcare Logistics (NSW) Enterprise Agreement 2023. The application was brought before the Fair Work Commission (FWC) as part of the process to determine whether the agreement should be approved under the Fair Work Act 2009. The applicant argued that the agreement was fair and reasonable and met the necessary criteria for approval. The nature of the dispute centred on whether the agreement contained terms that were compliant with the requirements of the Act, particularly in relation to the fairness of the terms for the employees covered by the agreement.

The primary legal issue for the FWC to decide was whether the Healthcare Logistics (NSW) Enterprise Agreement 2023 was a "better off overall test" (BOOT) agreement. This involved assessing whether the agreement provided employees with an overall improvement in their conditions of employment compared to the applicable awards. The FWC also had to consider whether the agreement met the criteria of being "freely and genuinely negotiated" and whether it contained mandatory terms that were necessary for the protection of employees. Another aspect of the dispute involved determining whether any terms of the agreement were contrary to public policy or contrary to the spirit of the Fair Work Act.

The FWC found that the agreement met the requirements for approval. The Commission concluded that the agreement provided employees with an overall improvement in their conditions of employment, thereby satisfying the BOOT. The FWC determined that the agreement had been negotiated in good faith and contained terms that were fair and reasonable. The Commission also found that the mandatory terms included in the agreement were necessary for the protection of employees and did not contravene any public policy or the spirit of the Fair Work Act. Given these findings, the FWC approved the Healthcare Logistics (NSW) Enterprise Agreement 2023. The decision was based on a detailed analysis of the terms of the agreement, the negotiation process, and the overall impact on the employees. The FWC emphasised the importance of ensuring that enterprise agreements provide genuine benefits to employees while also maintaining a balance with the interests of employers.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established