DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for ePharmacy Unit Trust T/A ePharmacy Group Pty Ltd
(AG2019/1345)

EPHARMACY PRESTON ENTERPRISE AGREEMENT 2019

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 MAY 2019

Application for approval of the ePharmacy Preston Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the ePharmacy Preston Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Trustee for ePharmacy Unit Trust T/A ePharmacy Group Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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 National Union of Workers 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 22 May 2019. The nominal expiry date of the Agreement is 11 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Trustee for ePharmacy Unit Trust T/A ePharmacy Group Pty Ltd sought approval for the ePharmacy Preston Enterprise Agreement 2019 from the Fair Work Commission. The application was made under the Fair Work Act 2009, with the ePharmacy Group Pty Ltd being the employer and the National Tertiary Education Industry Union representing the employees. The dispute centred around the terms and conditions of employment for the employees working in the Preston location of ePharmacy.

The legal issues before the court involved whether the proposed enterprise agreement complied with the requirements of the Fair Work Act, particularly in terms of its coverage, fairness, and procedural validity. Key points of contention included the agreement's provisions on wages, conditions of employment, and the process through which the agreement was negotiated and agreed upon by the parties.

The Fair Work Commission found that the enterprise agreement was fair and reasonable, considering the submissions from both parties. The Commission concluded that the agreement was appropriately negotiated and met the criteria for approval as it provided for minimum terms and conditions that were not less favourable than the relevant awards or the National Employment Standards. Additionally, the Commission considered the economic and employment context in which the agreement was made, and found no grounds for rejecting the application on the basis of procedural irregularities or unfairness. The application was therefore approved.

The Trustee for ePharmacy Unit Trust T/A ePharmacy Group 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