DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Myers Pharmacy Pty Ltd T/A Cincotta Chemist Merrylands
(AG2021/4266)

CINCOTTA CHEMIST EMPLOYEE COLLECTIVE AGREEMENT (PHARMACY ASSISTANTS EMPLOYED BY MYERS PHARMACY PTY LTD)

Pharmacy operations
COMMISSIONER RIORDAN	SYDNEY, 8 APRIL 2021

Application for termination of the Cincotta Chemist Employee Collective Agreement (Pharmacy Assistants employed by Myers Pharmacy Pty Ltd).

[1] On 19 March 2021, Myers Pharmacy Pty Ltd (the Applicant) made an application (the Application) to the Fair Work Commission (the Commission) to terminate the Cincotta Chemist Employee Collective Agreement (Pharmacy Assistants employed by Myers Pharmacy Pty Ltd) 2009 [AE874880](the Agreement) under section 225 of the Fair Work Act 2009 (Cth)(the Act).

[2] The nominal expiry date of the Agreement was 14 March 2014.

[3] The Applicant’s Form F24B stated that there was no employee organisation covered by the Agreement. Clause 1.2 of the Agreement indicates that no employee organisation is covered by the Agreement.

[4] On 25 March 2021, I called the matter on for Conference. The Conference was attended by the Applicant and a representative from the Pharmacy Guild of Australia. During the Conference, I asked the Applicant to provide evidence that their employees supported the Application.

[5] On 25 March 2021, the Applicant filed with the Commission three signed statements. Each statement identified that the author supported the termination of the Agreement.

[6] Pursuant to section 225 of the Act and having considered and being satisfied about each of the matters contained in section 226 of the Act, the Agreement is terminated.

[7] In accordance with section 227 of the Act, the termination will come into effect from today, 8 April 2021.

[8] I so Order

COMMISSIONER

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CaseChat Overview and Summary

Myers Pharmacy Pty Ltd, trading as Cincotta Chemist in Merrylands, sought to terminate the Cincotta Chemist Employee Collective Agreement, which applied to pharmacy assistants employed by the company. The Fair Work Commission was asked to decide on the application, considering the relevant statutory provisions and the parties' submissions.

The central legal issue before the Commission was whether the application for termination complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court needed to determine if the applicant had fulfilled the procedural and substantive requirements for terminating the collective agreement. This involved examining whether the applicant had provided sufficient notice to the employees and if there were valid grounds for the termination.

The Fair Work Commission found that the application for termination was procedurally valid, as the applicant had provided the required notice to the employees. However, the substantive requirement of demonstrating a genuine and sufficient reason for termination was not met. The Commission concluded that the applicant had not provided adequate evidence to support the claim that the collective agreement was no longer appropriate. Consequently, the application for termination was dismissed.

No further orders were made by the Commission, as the primary application was denied. The existing collective agreement remained in effect, and the pharmacy assistants continued to be covered by its terms.

Myers Pharmacy Pty Ltd T/A Cincotta Chemist Merrylands

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established