Pharmacoast Pty Ltd

[2021] FWCA 3397

[2021] FWCA 3397

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Pharmacoast Pty Ltd
(AG2021/5064)

COMMUNITY PHARMACY SINGLE ENTERPRISE AGREEMENT (NEW SOUTH WALES) PHARMACY ASSISTANTS EMPLOYED BY AT & RK ENTERPRISES PTY LTD (AFT KUOCH FAMILY TRUST)

Pharmacy operations
COMMISSIONER RIORDAN	SYDNEY, 11 JUNE 2021

Application for termination of the Community Pharmacy Single Enterprise Agreement (New South Wales) Pharmacy Assistants employed by AT & RK Enterprises Pty Ltd (Aft Kuoch Family Trust).

[1] On 11 May 2021, Pharmacoast Pty Ltd (the Employer) made an application pursuant to s.225 of the Fair Work Act 2009 (the Act) to terminate the Community Pharmacy Single Enterprise Agreement (New South Wales) Pharmacy Assistants employed by AT & RK Enterprises Pty Ltd (Aft Kuoch Family Trust (the Agreement). The Agreement has passed its nominal expiry date.

[2] The application stated that the business was purchased on 8 May 2020. The application was supported by a statutory declaration from Mr Salim Nathwani. Mr Nathwani declared that he did not know how many employees were covered by the Agreement.

[3] On 12 May 2021, my Associate wrote to the employer, noting Mr Nathwani’s statutory declaration and directing him to determine how many employees are covered by the Agreement. On the same day, Mr Scott Harris, National Manager Workplace Relations and Business Policy of the Pharmacy Guild of Australia (the Pharmacy Guild), wrote to my Chambers and advised that Mr Nathwani has provided the Pharmacy Guild with authority to deal with the matter on his behalf.

[4] On 24 May 2021, Mr Harris filed the following documents:

•  Form F24C – Statutory Declaration sworn by Mr Harris;

•  Letter to employees on the application;

•  Signed letter of support by three of the employees; and

•  Wage comparison

[5] Mr Harris’ Form F24C named the Applicant as Kouch Chemist Woy Woy.

[6] Mr Harris declared that the Agreement is only applicable to transferred Pharmacy Assistants and that only ten employees were covered by the Agreement. All other Pharmacists and Pharmacy Assistants employed by the Employer are covered by the Pharmacy Industry Award 2020.

[7] Mr Harris declared that in the event the Agreement is terminated, the conditions of employment would revert to those contained in the Pharmacy Industry Award 2020. Mr Harris further declared that there will be an increase in remuneration for the transferred employees, a decrease in rostering issues between the different employment instrument and an overall increase in employment conditions for the transferred employees.

[8] Mr Harris declared that following meetings during the week commencing 17 May 2021, the employees covered by the Agreement were requested to vote on whether the application to terminate the Agreement should proceed before the Commission. All of the ten remaining transferred employees covered by the Agreement voted in favour of proceeding with the application to terminate the Agreement.

Consideration

[9] Pursuant to s.225 of the Act, having considered and being satisfied as to each of the matters contained in s.226 of the Fair Work Act 2009, the Agreement is terminated.

[10] The termination will come into effect from 11 June 2021.

COMMISSIONER

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