HPS Pharmacies Pty Ltd

[2013] FWCA 3051

[2013] FWCA 3051

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HPS Pharmacies Pty Ltd
(AG2013/6066)

HPS PHARMACIES (PHARMACY MANAGER, PIC AND PHARMACIST) ENTERPRISE AGREEMENT 2012 - 2015

Pharmacy operations
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT	MELBOURNE, 15 MAY 2013

Application for approval of the HPS Pharmacies (Pharmacy Manager, PIC and Pharmacist) Enterprise Agreement 2012-2015.

[1] An application has been made for the approval of an enterprise agreement known as the HPS Pharmacies (Pharmacy Manager, PIC and Pharmacist) Enterprise Agreement 2012 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] It is noted that clause 6 of the Agreement provides where there is any inconsistency between the National Employment Standards and the Agreement, the provision more beneficial to employees prevails. It would seem that this will ensure that employees are entitled to take unpaid carers leave on each permissible occasion, so long as they are not entitled to take paid personal/carers leave (see ss.102-103 of the Act).

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

[4] 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) of the Act, I note the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 May 2013. The nominal expiry date of the Agreement is 30 June 2015.

SENIOR DEPUTY PRESIDENT

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