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T6458

 

TASMANIAN INDUSTRIAL COMMISSION

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

The Salaried Pharmacists' Association (Tasmania Branch)
(T6458 of 1996)

RETAIL PHARMACY AWARD

 

COMMISSIONER R J WATLING

HOBART, 28 August 1996

Award variation - wage rates - third $8.00 Safety Net Adjustment - consent matter - application granted - award varied - operative date ffpp 27 August 1996

REASONS FOR DECISION

This application was lodged for the purpose of varying the Retail Pharmacy Award to reflect the third $8 Safety Net Adjustment arising out of the State Wage Case decision (T Nos. 6284 and 6305 of 1996) handed down on 24 July 1996.

The application came before the Commission as a consent matter.

This is a relatively new award and, in the past, employees covered by this award fell within the scope of the Chemists Award. That award was varied to reflect the first and second Safety Net Adjustment arising out of T.4893 of 1994 and T.5586 of 1995 respectively. Therefore, I am prepared to accept that 12 months has elapsed between the second safety net adjustment and this application for the third safety net adjustment.

The parties also agreed that the increases in the respective awards should be operative from the first full pay period to commence on or after 27 August 1996.

The parties presented a draft Order in which they included, not only the third Safety Net Adjustment, but also a rearrangement of the amounts of money appearing as the 'Base Rate' and the 'Supplementary Payment' for Pharmacy Assistants, without any alteration to the total figure.

I am satisfied that all the registered employee organisations with an interest in the respective awards have given a commitment to review the awards in the context of:

    (i) Consistent awards formatting;

    (ii) Removal of discriminatory provisions;

    (ii) Removal of obsolete or amendment of inaccurate award provisions;

    (iv) Update Clause 6 - Parties and Persons Bound;

    (v) Rewrite the award in plain English;

    (vi) The appropriate use of flexibility provisions;

    (vii) The inclusion of an appropriate enterprise flexibility clause.

The submissions presented by the parties, in respect of the application, conforms with the requirements of the Wage Fixing Principles and the public interest requirements of s.36 of the Act.

Therefore the award will be varied in the manner sought by the parties, including the operative date, and I decide accordingly. The Order giving effect to this decision is attached.

 

R J Watling
COMMISSIONER

Appearances:
Mr D Pyrke for The Salaried Pharmacists' Association (Tasmania Branch)
Mr P Griffin for the Shop Distributive and Allied Employees Association, Tasmanian Branch
Ms J Thomas for the Tasmanian Chamber of Commerce and Industry Limited with Ms L Sullivan

Date and place of hearing:
1996
August 27
Hobart