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T5172

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award or award variation

Shop Distributive and Allied Employees Association,
Tasmanian Branch

(T.5172 of 1994)

RETAIL PHARMACY AWARD

 

COMMISSIONER R J WATLING

11 November 1994

New award - title and scope

REASONS FOR DECISION

This application, lodged by the Shop Distributive and Allied Employees Association, Tasmanian Branch, pursuant to section 23 of the Industrial Relations Act 1984, was for the purpose of making a new award to be known as the Retail Pharmacy Award.

This consent application arose out of discussions held during the course of restructuring the Chemists Award. The parties were of the view that the retail pharmacy industry was in need of a review in terms of the structural efficiency principle. They also stated that there was a need to modernise the existing award and this could be best achieved by making a new award which was industry specific and excluded wholesale and manufacturing chemists that it would be more appropriate to split that award into the areas of wholesale and retail.

In passing it must be noted that an application has been lodged with the Commission for the making of a new award to cater for the needs of manufacturing/wholesale pharmacy industry.

The parties described the retail pharmacy industry as any premises that are

(a)  registered under the Pharmacy Act 1908; and

(b)  that are established either in whole or in part for the compounding or dispensing of prescriptions or for vending any medicines or drugs; and

(c)  may sell other goods by retail.

I am prepared to accept the submissions presented by the parties in support of establishing a new award. I also recognise that the application is part of the restructuring programme for the Chemists Award and provides an avenue to create a new award that will be more industry specific and capable of implementing appropriate classification standards and career paths for employees in that industry.

The application is endorsed by the Commission in the terms outlined by the parties and will be operative from 10 November 1994, however, until the wage rates and conditions of employment have been determined for this new award, the Chemists Award should be observed in its entirety by those falling within its scope.

The Order giving effect to this decision is attached.

Having decided to establish this new award, it is now open to any registered organisation to seek an interest in the award in accordance with the provisions of the Industrial Relations Act 1984. After determining which organisations have an interest in the award, the Commission will continue to hear submissions in respect of wage rates and conditions of employment.

 

R J Watling
COMMISSIONER

Appearances:
Mr P Griffin for the Shop Distributive and Allied Employees Association, Tasmanian Branch.
Mrs H Dowd for the Australian Municipal, Administrative, Clerical and Services Union.
Mr D Pyrke for the Salaried Pharmacists' Association (Tasmanian Branch).
Mr T Edwards for the Tasmanian Chamber of Commerce and Industry Limited and The Pharmacy Guild of Australia, Tasmanian Branch.

Date and place of hearing:
1994
Nov 10
Hobart