HPS Services Pty Ltd
[2022] FWCA 4281
•6 DECEMBER 2022
| [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
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Annexure A
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