HPS Pharmacies Pty Ltd Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, HPS Pharmacies Pty Ltd, sought approval for the HPS Pharmacies (Pharmacy Manager, PIC and Pharmacist) Enterprise Agreement 2012-2015. The application was heard by the Fair Work Commission in Australia. The primary dispute centred on the terms and conditions outlined in the proposed enterprise agreement, which governed the employment of pharmacy managers, pharmacist in charge, and pharmacists within the organisation.

The legal issues before the Commission included whether the terms of the agreement complied with the Fair Work Act 2009, particularly in relation to minimum entitlements, the process for approving the agreement, and the fairness of the proposed terms. Additionally, the Commission needed to consider whether the agreement provided appropriate protections for employees and whether it adhered to the principles of procedural fairness and good faith bargaining.

The Fair Work Commission found that the proposed agreement generally complied with the requirements of the Fair Work Act. The Commission noted that the agreement provided for minimum entitlements that met or exceeded the relevant award provisions. The process for approving the agreement was deemed to have been conducted in a manner that was procedurally fair, with adequate opportunity given to both parties to present their views. The Commission concluded that the terms of the agreement were not unfair and were the product of good faith bargaining. Consequently, the application for approval was granted, and the enterprise agreement was registered.

The final orders of the Commission were that the HPS Pharmacies (Pharmacy Manager, PIC and Pharmacist) Enterprise Agreement 2012-2015 be approved and registered under the Fair Work Act. The agreement would then be applicable to the employees covered by it, providing a framework for their employment terms and conditions.

HPS Pharmacies Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established