DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HPS Services Pty Ltd
(AG2017/2784)

HPS (TECHNICIAN AND SUPPORT SERVICES) ENTERPRISE AGREEMENT 2017 - 2020

Pharmacy operations
COMMISSIONER MCKINNON	MELBOURNE, 13 SEPTEMBER 2017

Application for approval of the HPS (Technician and Support Services) Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the HPS (Technician and Support Services) Enterprise Agreement 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by HPS Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 September 2017. The nominal expiry date of the Agreement is 1 March 2020.

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 the HPS (Technician and Support Services) Enterprise Agreement 2017-2020. The application was made to the Fair Work Commission under section 231 of the Fair Work Act 2009. The agreement in question was entered into between the applicant and the Australian Manufacturing Workers Union. The application was opposed by the Transport Workers Union and the Australian Manufacturing Workers Union, as well as by several individuals who were employees of the applicant.

The legal issues before the court involved the validity and fairness of the proposed enterprise agreement. The court had to determine whether the agreement met the criteria for approval as set out in the Fair Work Act 2009, including whether it provided for the terms and conditions of employment of the employees covered by the agreement, and whether it was made in good faith and without any improper conduct. The court also had to consider whether the agreement was in the best interests of the employees, and whether it provided for a fair and reasonable outcome for all parties involved.

After hearing submissions from the parties and considering the evidence presented, the court found that the proposed enterprise agreement met the criteria for approval. The court was satisfied that the agreement provided for the terms and conditions of employment of the employees covered by the agreement, and that it was made in good faith and without any improper conduct. The court also found that the agreement was in the best interests of the employees, and that it provided for a fair and reasonable outcome for all parties involved. The court therefore approved the HPS (Technician and Support Services) Enterprise Agreement 2017-2020.

The final orders of the court were that the HPS (Technician and Support Services) Enterprise Agreement 2017-2020 be approved, and that the approval be registered by the Registrar of the Fair Work Commission. The orders also provided for the agreement to be published on the Fair Work Commission's website, and for any objections to the approval to be lodged with the Commission within 21 days of the registration of the approval.

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