Fair Work Act 2009
s.156 - 4 yearly review of modern awards

4 yearly review of modern awards – Pharmacy Industry Award
(AM2014/209 & Ors)

4 yearly review of modern awards – Pharmacy Industry Award 2010 – Outstanding issues.

[1] On 15 December 2016 a hearing was held in relation to the plain language redrafting of the Pharmacy Industry Award 2010 (the Pharmacy Award). During the course of the hearing there was some confusion regarding the status of the various matters relevant to the review of the Pharmacy Award. This Statement provides an update as to the relevant matters.

AM2014/209–Technical and drafting issues

AM2016/15–Plain language drafting

[2] A conference before Commissioner Hunt was held on 23 November 2016 for consideration of the standard clauses and the plain language drafting guidelines. At the conference, the parties considered the guidelines and the award flexibility term. A further conference to deal with the remaining standard clauses has been listed for 23 January 2017 at 9am. The remaining standard clauses are consultation, dispute resolution, termination of employment and redundancy.

[3] Following the 15 December 2016 hearing, Directions were issued on 19 December 2016 for the filing of submissions in relation to the drafter’s comments in the summary of submissions document. Submissions were received from Business SA, the Shop, Distributive and Allied Employees Association (SDA) and the Pharmacy Guild of Australia (PGA).

[4] The Full Bench has reserved its decision in relation to the guidelines and the award specific clauses of the Pharmacy Award.

AM2016/28–Pharmacy substantive issues

[5] A Full Bench (Vice President Hatcher, Deputy President Dean and Commissioner Spencer) is dealing with the substantive issues in the Pharmacy Award. Directions were issued on 24 November 2016 confirming that the following matters would be determined by the Full Bench:

(i) Minimum shift and provisions relating to the employment of school students
(ii) The grades at which junior rates should apply
(iii) The payment of overtime to casual employees
(iv) The coverage of the annualised salary rate
(v) Shift length and terms of engagement for full-time employees
(vi) Annual close down
(vii) The APESMA work value claim in relation to Pharmacist rates of pay

[6] The directions set out deadlines for the filing of materials in relation to each of the issues.

[7] The matter relating to the coverage of the annualised salary rate was referred to the Annualised Salaries Full Bench (AM2016/13), but was then referred back to the substantive issues Full Bench at the request of the parties 1.

[8] Further, the claims in relation to the payment of overtime to casual employees and minimum shift and provisions relating to the employment of school students were initially referred to the Casual and Part-time Full Bench 2, but have now been referred back to the substantive issues Full Bench at the request of the parties.

[9] Issues (i) to (vi) above, are listed for hearing on Friday 31 March 2017. Issue (vii) will be listed for hearing after April 2017 3.

AM2014/305–Penalty rates

[10] The PGA made claims to vary the Pharmacy Award as part of the penalty rates case 4. The decision is reserved.

AM2016/26–Blood and bone marrow donor leave

[11] A Statement 5 was issued on 21 December 2016 regarding a claim by the SDA to insert new provision for blood and bone marrow donor leave in four awards including the Pharmacy Award. The claim has been referred to a separate Full Bench for determination.

AM2014/196 and AM2014/197–Casual and Part-time employment

[12] The Australian Council of Trade Unions claim to vary provisions in relation to part-time and casual employees in a number of awards, including the Pharmacy Award, is being considered by Casual and Part-time Full Bench. The decision is reserved.

AM2015/1–Family and domestic violence leave

The Australian Council of Trade Unions have made a claim to insert a family and domestic violence leave clause into all modern awards. The PGS has filed a submission opposing the inclusion of the clause in the Pharmacy Award. The decision is reserved 6.

AM2016/8–Payment of wages

A decision was issued on 1 December 2016 which contained model terms for the ‘payment of wages and other amounts’ and ‘payment on termination of employment’. Submissions were sought from interested parties in relation to both model terms by 22 December 2016. Submissions in reply are due by 4 pm on 2 February 2017. A further hearing will be listed for 8 February 2017.

Conclusion

Parties are requested to consider the contents of this Statement and notify the Commission if there are any other outstanding claims in relation to the Pharmacy Award by 4pm on Friday 27 January 2017. All correspondence should be sent to amod@fwc.gov.au.

PRESIDENT

<Price code A, PR589009>

 1  Correspondence from PGA dated 24 October 2016

 2  See Statement 2016 FWC 4770

 3  Directions 21 September 2016

 4  See [2016] FWCFB 7285 at attachment 6

 5  [2016 FWC 9139

 6  Transcript PN3071