STATEMENT

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

4 yearly review of modern awards
(AM2019/17)

4 yearly review of modern awards – finalisation of Exposure Drafts and variation determinations – Tranche 1 –Pharmacy Industry Award.

[1] This Statement deals with the finalisation of the variation determination for the Pharmacy Industry Award 2010 (the Pharmacy Award) as part of the 4 yearly review of modern awards (the Review).

[2] In a decision of 2 September 2019 1 (September 2019 Decision) we outlined the process for finalising the exposure drafts produced during the Review and the consequent variation of each modern award. We expressed the provisional view that the variation of the modern awards in Tranche 1 in accordance with the draft variation determinations set out in Attachment D to the September 2019 Decision, is necessary to meet the modern awards objective.2 The Pharmacy Award was a Tranche 1 award for the purposes of the finalisation of exposure drafts.

[3] Interested parties were directed to comment on the draft variation determinations. Submissions in relation to the Pharmacy Award were received from The Association of Professional Engineers, Scientists and Managers Australia (Professionals Australia) 3 and the Pharmacy Guild of Australia.4

[4] A hearing was held on 11 October 2019 in relation to issues raised in respect of the Tranche 1 awards. A transcript of the hearing is available on the Commission’s website. 5

[5] A decision was subsequently issued on 24 October 2019 6 which noted that the issues raised by the Pharmacy Guild would be the subject of a conference before the President on 26 November 2019.7

[6] A Background paper was issued on 25 November 2019 outlining the issues prior to the conference. Following the conference, the President issued a Report. The report outlined a number of matters which were agreed at the conference. The issues raised by the Pharmacy Guild in relation to the consistency of terminology were not resolved.

[7] A joint report was subsequently filed by the Pharmacy Guild following consultation with Professionals Australia, the Shop, Distributive and Allied Employees Association and the Health Services Union. It is apparent from the joint report that there remain some issues between the parties regarding the adoption of consistent terminology.

[8] A revised tracked Exposure Draft and draft variation determination (incorporating the Pharmacy Guild’s proposal regarding consistent terminology) will be published with this statement. Interested parties will have until 4pm on Tuesday 10 March 2020 to comment, by email at chambers.ross.j@fwc.gov.au.

[9] A conference will be held at 9am on Thursday 12 March 2020 in Sydney to discuss any remaining issues in dispute. A notice of listing will be issued shortly.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

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 1   [2019] FWCFB 6077

 2   [2019] FWCFB 6077 at [33]

 3   Submission 20 September 2019

 4   Submission 15 March 2019 and 18 September 2019

 5   Transcript 11 October 2019

 6   [2019] FWCFB 7173

 7   Transcript 26 November 2019