HPS Services Pty Ltd

[2022] FWCA 4281

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

HPS Services Pty Ltd

(AG2022/4683)

HPS (TecHnician and Support Services) Enterprise Agreement 2022-2025

Pharmacy operations
DEPUTY PRESIDENT BOYCE	SYDNEY, 6 DECEMBER 2022

Application for approval of the HPS (Technician and Support Services) Enterprise Agreement 2022-2025

An application has been made for approval of an enterprise agreement to be known as the HPS (Technician and Support Services) Enterprise Agreement 2022-2025 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by HPS Services Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 5 December 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Pharmacy Industry Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

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

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 December 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved HPS Services Pty Ltd, which sought approval of the HPS (Technician and Support Services) Enterprise Agreement 2022-2025. The matter was heard in the Fair Work Commission, where the primary focus was on the compliance and fairness of the proposed agreement. The company argued that the agreement was necessary to regulate working conditions and ensure operational efficiency. The dispute centred on whether the agreement adequately covered all required aspects and was fair and reasonable in terms of the employees' rights and obligations.

The legal issues before the court included whether the agreement complied with the relevant industrial legislation, particularly the Fair Work Act 2009. The court had to assess if the agreement met the criteria for approval, including whether it provided for fair and reasonable terms and conditions, and whether it was free from prohibited content. The court also needed to consider if the agreement was certified by an independent person as genuinely agreed upon by both parties. Furthermore, the fairness of the agreement, including its impact on employees and the balance of interests between employers and employees, was examined.

The court found that the agreement substantially complied with the requirements of the Fair Work Act. The agreement was deemed to be genuinely agreed upon by both parties, as evidenced by the certification provided. The court was satisfied that the agreement covered all necessary aspects, including pay rates, hours of work, leave provisions, and other employment conditions. The court considered the impact on employees and found that the agreement was fair and reasonable, balancing the interests of both employers and employees. Based on these findings, the court approved the agreement.

The final orders of the court were that the HPS (Technician and Support Services) Enterprise Agreement 2022-2025 was approved and registered under the Fair Work Act. The agreement was deemed to be in effect from the date of the court's decision and would apply to the relevant employees for the duration specified. The approval ensured that the agreement would govern the employment conditions of the parties involved for the next three years, subject to any future negotiations or amendments.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established