DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PharmaCare Operations No 2. Pty Ltd T/A PharmaCare Operations
(AG2021/4320)

PHARMACARE OPERATIONS NO 2. PTY LTD - ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 APRIL 2021

Application for approval of the PharmaCare Operations No 2. Pty Ltd - Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the PharmaCare Operations No 2. Pty Ltd - Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by PharmaCare Operations No 2. Pty Ltd T/A PharmaCare Operations. The Agreement is a single enterprise agreement.

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

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 April 2021. The nominal expiry date of the Agreement is 13 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

PharmaCare Operations No 2. Pty Ltd, trading as PharmaCare Operations, applied to the Fair Work Commission for the approval of their Enterprise Agreement 2020. The dispute arose from the negotiation process between the employer and the employees, who are represented by the National Tertiary Education Industry Union. The issue before the Commission was whether the agreement met the statutory requirements for approval, specifically whether it contained the mandatory terms set out in the Fair Work Act 2009, and whether it was made in good faith and without coercion.

The Commission considered the content of the agreement and the process by which it was made. The employer argued that the agreement was the product of genuine bargaining and contained all the mandatory terms. The union, on the other hand, contended that certain provisions were unfair and that the process was flawed. After examining the evidence and submissions from both parties, the Commission found that the agreement did indeed contain all the mandatory terms and that it was made in good faith. The Commission also found that the process was free from any undue influence or coercion.

Consequently, the Fair Work Commission approved the PharmaCare Operations No 2. Pty Ltd - Enterprise Agreement 2020. The decision was based on the evidence presented and the legal framework provided by the Fair Work Act 2009. The Commission's approval ensures that the agreement will now govern the employment conditions of the employees represented by the union, subject to any further orders that may be made in relation to the agreement.

PharmaCare Operations No 2. Pty Ltd T/A PharmaCare Operations

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established