DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HPS Services Pty Ltd
(AG2019/1505)

HPS SERVICES PTY LTD (PHARMACY MANAGERS, PHARMACISTS IN CHARGE AND PHARMACISTS) ENTERPRISE AGREEMENT 2018 - 2022

Pharmaceutical industry
COMMISSIONER JOHNS	SYDNEY, 17 JUNE 2019

Application for approval of the HPS Services Pty Ltd (Pharmacy Managers, Pharmacists in Charge and Pharmacists) Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the HPS Services Pty Ltd (Pharmacy Managers, Pharmacists in Charge and Pharmacists) Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by HPS Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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

[4] The Association of Professional Engineers, Scientists and Managers, Australia (APESMA) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 June 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

HPS Services Pty Ltd was the subject of an application for the approval of an enterprise agreement with its employees, who are Pharmacy Managers, Pharmacists in Charge, and Pharmacists. The application was made under the Fair Work Act 2009. The Fair Work Commission heard the application. The legal issues before the Commission involved determining whether the enterprise agreement met the requirements of the Fair Work Act. Specifically, the Commission had to assess if the agreement was made in good faith, provided for a safety net of minimum terms and conditions, and complied with other statutory provisions.

The Commission found that the agreement was negotiated in good faith and provided for the minimum safety net terms and conditions as required by the Fair Work Act. The agreement included provisions for minimum wages, penalty rates, leave entitlements, and other essential terms and conditions of employment. The Commission also considered the fairness of the agreement in terms of its impact on the employees and the employer, and concluded that it was fair and reasonable. Given that the agreement satisfied all statutory requirements, the Commission approved the enterprise agreement.

In approving the enterprise agreement, the Commission made an order that the agreement be registered and enforceable under the Fair Work Act. The order also specified the period of the agreement, from 2018 to 2022. The decision ensures that the terms and conditions set out in the enterprise agreement are legally binding on both the employer and the employees for the specified period.

HPS Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established