| [2021] FWC 1742 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.225—Enterprise agreement
Myers Pharmacy Pty Ltd T/A Cincotta Chemist Merrylands
(AG2021/4266)
| COMMISSIONER RIORDAN | SYDNEY, 8 APRIL 2021 |
Application for termination of the Cincotta Chemist Employee Collective Agreement (Pharmacy Assistants employed by Myers Pharmacy Pty Ltd).
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).
The nominal expiry date of the Agreement was 14 March 2014.
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.
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.
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.
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.
In accordance with section 227 of the Act, the termination will come into effect from today, 8 April 2021.
I so Order
COMMISSIONER
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- AGLC
- Myers Pharmacy Pty Ltd T/A Cincotta Chemist Merrylands [2021] FWC 1742
- Case
- [2021] FWC 1742
- Decision Date
CaseChat Overview and Summary
The legal issue before the Commission was whether the Agreement could be terminated under section 225 of the Fair Work Act. The Commission considered the requirements of section 225, including whether the application was made in good faith, whether there was no employee organisation covered by the Agreement, and whether the termination was in the interests of the employees. The Commission also considered section 226 of the Act, which outlines the matters the Commission must be satisfied with before making an order terminating an agreement. After reviewing the evidence and hearing from the parties, the Commission was satisfied that the requirements of section 225 and 226 of the Act had been met.
The Commission terminated the Agreement pursuant to section 225 of the Fair Work Act. The termination came into effect from 8 April 2021. The Commission was satisfied that the application was made in good faith, there was no employee organisation covered by the Agreement, and the termination was in the interests of the employees. The Commission also found that the requirements of section 226 of the Act had been met, including that the applicant had taken reasonable steps to notify the employees of the application and that the employees had an opportunity to make submissions to the Commission. The termination of the Agreement will have implications for the terms and conditions of employment for the pharmacy assistants employed by Myers Pharmacy Pty Ltd.
Orders
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