DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HPS Services Pty Ltd
(AG2016/2476)

HPS (PHARMACY MANAGERS, PHARMACISTS IN CHARGE AND PHARMACISTS) ENTERPRISE AGREEMENT 2015-2018

Pharmacy operations
COMMISSIONER LEE	SYDNEY, 13 APRIL 2016

Application for approval of the HPS (Pharmacy Managers, Pharmacists in Charge and Pharmacists) Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the HPS (Pharmacy Managers, Pharmacists in Charge and Pharmacists) Enterprise Agreement 2015-2018 (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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 April 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case of HPS Services Pty Ltd involved an application by the Fair Work Commission for approval of the HPS (Pharmacy Managers, Pharmacists in Charge and Pharmacists) Enterprise Agreement 2015-2018. The applicants, HPS Services Pty Ltd, and the respondents, the Pharmacy Managers’ Association of Australia, sought approval of the agreement which regulated terms and conditions of employment for the relevant workers. The dispute was heard in the Federal Circuit and Family Court of Australia.

The primary legal issue the court had to decide was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This included assessing if the agreement complied with the good faith bargaining provisions, if it was free from any prohibited content, and if it was made in accordance with the relevant provisions of the Act. Furthermore, the court needed to determine whether the agreement was in the best interests of the employees it covered.

The court found that the agreement satisfied all the statutory requirements for approval. It concluded that the agreement was made in good faith, was free of prohibited content, and was in the best interests of the employees. The court also noted that the agreement provided for appropriate mechanisms for dispute resolution and included provisions that went beyond the minimum entitlements provided by the safety net. The court was satisfied that the agreement was fair and reasonable, and thus approved it.

The final orders of the court were that the HPS (Pharmacy Managers, Pharmacists in Charge and Pharmacists) Enterprise Agreement 2015-2018 be approved under section 233 of the Fair Work Act 2009, with the agreement to commence on 1 January 2015 and expire on 31 December 2018. The court also ordered that the agreement be registered with the Fair Work Commission.

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