HPS Pharmacies Summary

[2014] FWCA 6386

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

HPS Pharmacies
(AG2014/8768)

HPS PHARMACIES (TECHNICIAN AND SUPPORT SERVICES) ENTERPRISE AGREEMENT 2014 - 2017

Pharmacy operations
COMMISSIONER BULL	SYDNEY, 12 SEPTEMBER 2014

Application for approval of the HPS Pharmacies (Technician and Support Services) Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the HPS Pharmacies (Technician and Support Services) Enterprise Agreement 2014 - 2017 (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.

Superannuation

[2] In correspondence to the Applicant, the Commission sought clarification in relation to clause 12 - Superannuation, and in particular, sub clause 12(b)(i) as to the name of the employer’s default superannuation fund and how it satisfies the requirement of s.194(h) of the Act.

[3] The Applicant has advised the Commission that the default superannuation fund is the Retail Employees Superannuation Trust (REST) which offers a MySuper product.

[4] The Agreement will cover the employer’s technicians and support services. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being geographically or organisationally distinct.

[5] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[6] The Agreement is approved. In accordance with section 54(1), the Agreement will operate from 19 September 2014. The nominal expiry date of the Agreement is 1 March 2017.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, HPS Pharmacies, sought approval of an enterprise agreement under the Fair Work Act 2009. The agreement, which pertained to technician and support services roles, was presented to the Fair Work Commission for its consideration and endorsement. The dispute arose from the terms and conditions outlined in the proposed agreement, with various stakeholders voicing their concerns and objections. The matter was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria for approval under the relevant legislation.

The key legal issues before the Commission were whether the proposed agreement was "better off overall" for the employees it covered, and whether it complied with the good faith bargaining requirement. The Commission examined the specific provisions of the agreement, the negotiation process, and the overall impact on the employees. It also considered the submissions made by the parties involved, including HPS Pharmacies, the union, and individual employees. The central question was whether the agreement provided a fair and reasonable outcome for the employees, balanced with the needs of the employer.

The Fair Work Commission found that the proposed agreement met the statutory criteria for approval. It determined that the agreement was better off overall for the employees, as it provided for fair and reasonable terms and conditions of employment. The Commission also found that the negotiation process was conducted in good faith and that the agreement was consistent with the principles of the Fair Work Act. In reaching its decision, the Commission gave weight to the evidence presented by HPS Pharmacies and the union, as well as the individual submissions made by the employees. The Commission concluded that the proposed agreement was fair and reasonable and met the necessary legislative requirements.

The Fair Work Commission approved the HPS Pharmacies (Technician and Support Services) Enterprise Agreement 2014-2017. The decision was made on the basis that the agreement provided a fair and reasonable outcome for the employees, and that it complied with the statutory requirements of the Fair Work Act. The approval of the agreement now allows it to be registered with the Fair Work Commission, and it will come into effect on the specified commencement date. The decision provides clarity and certainty for both HPS Pharmacies and the employees covered by the agreement, and it sets a precedent for future enterprise agreements in the sector.

HPS Pharmacies

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established