DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthcare Supply Partners Pty Ltd T/A Healthcare Logistics
(AG2021/6402)

HEALTHCARE LOGISTICS (NSW) ENTERPRISE AGREEMENT 2021

Pharmaceutical industry
DEPUTY PRESIDENT DEAN	CANBERRA, 10 AUGUST 2021

Application for approval of the Healthcare Logistics (NSW) Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Healthcare Logistics (NSW) Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Healthcare Supply Partners Pty Ltd T/A Healthcare Logistics. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I note that the provisions at clauses 26.3, 26.6, 26.8, 29.2, 34(d), 34(e) and 47.3 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 August 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Healthcare Supply Partners Pty Ltd, trading as Healthcare Logistics, applied to the Fair Work Commission for the approval of the Healthcare Logistics (NSW) Enterprise Agreement 2021. The agreement, which is to apply to employees in the healthcare logistics industry, was submitted by the employer seeking to formalise the terms of employment for its workers. The application was brought before the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009.

The legal issues before the court involved determining whether the proposed agreement met the necessary requirements for approval under the Act. These requirements included ensuring that the agreement provided for fair and reasonable terms for the employees, that it did not discriminate unfairly, and that it was made in good faith. Additionally, the court had to consider whether the agreement complied with any relevant award or registered agreement that may already be in place.

The Fair Work Commission assessed the application by examining the provisions of the agreement in light of the statutory requirements. It evaluated whether the terms of the agreement were fair and reasonable, considering factors such as the nature of the work, the economic circumstances of the parties, and the bargaining power of each party. The Commission also ensured that the agreement did not contain any discriminatory provisions and that it was made without any element of coercion or undue influence. Upon finding that the agreement met all the legislative criteria, the court approved the Healthcare Logistics (NSW) Enterprise Agreement 2021.

Following its assessment, the Fair Work Commission issued its decision approving the agreement, which was to be effective from the date of the order. This approval formalised the terms of employment for the employees covered by the agreement, providing them with the protections and rights set out within it.

Healthcare Supply Partners Pty Ltd T/A Healthcare Logistics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established