HPS Services Pty Ltd Summary

[2022] FWCA 4202

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

HPS Services Pty Ltd

(AG2022/4695)

HPS Services Pty Ltd (Pharmacy Managers, Pharmacists in Charge and Pharmacists) Enterprise Agreement 2022 – 2024

Pharmacy operations
DEPUTY PRESIDENT O'NEILL	MELBOURNE, 30 NOVEMBER 2022

Application for approval of the HPS Services Pty Ltd (Pharmacy Managers, Pharmacists in Charge and Pharmacists) Enterprise Agreement 2022 – 2024

HPS Services Pty Ltd has applied for approval of an enterprise agreement known as the HPS Services Pty Ltd (Pharmacy Managers, Pharmacists in Charge and Pharmacists) Enterprise Agreement 2022 – 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

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

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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 December 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved HPS Services Pty Ltd, who sought approval of their enterprise agreement concerning pharmacy managers, pharmacists in charge, and pharmacists for the period 2022 to 2024. The application was heard by the Fair Work Commission. The primary dispute centred around whether the proposed terms of the enterprise agreement were in line with the requirements of the Fair Work Act 2009 and whether they met the necessary standards for being deemed a "better off overall and in the round" agreement.

The court had to decide if the proposed agreement provided fair and reasonable terms and conditions for the employees involved, and whether it achieved a balance that was better for the employees than the applicable national safety net. The legal issues also involved ensuring the agreement complied with the provisions of the Fair Work Act, particularly in relation to minimum rates of pay, penalty rates, and other entitlements. The court needed to assess whether the agreement adequately protected the interests of the employees and adhered to the statutory requirements.

The Fair Work Commission carefully examined the proposed terms of the enterprise agreement, considering the economic factors, the impact on the employees, and the compliance with the statutory minimum standards. The court concluded that the proposed agreement did not adequately meet the "better off overall and in the round" test as it did not sufficiently improve the conditions for the employees compared to the safety net provisions. Consequently, the application for approval was dismissed. The decision underscored the importance of achieving a balance that genuinely benefits the employees while adhering to legal standards.

HPS Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established