T6776
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Shop, Distributive and Allied Employees Association, Tasmanian Branch RETAIL PHARMACY AWARD
Award variation - wage rates - second minimum rate adjustment - consent matter - application granted - award varied - operative date ffpp 5 March 1997 REASONS FOR DECISION This application, lodged by the Shop, Distributive and Allied Employees Association, Tasmanian Branch, was for the purpose of varying the Retail Pharmacy Award to reflect the second minimum rate adjustment. With the exception of the operative date, the matter came before the Commission as a consent application. The parties presented a draft order showing the classifications to be varied and the result of such variations. This second minimum rate adjustment for Pharmacy Assistants is part of an earlier agreed program to vary the award, 9 months apart, until the rates of pay for that classification of employee had reached their appropriate level. In respect of the operative date, Mr P Griffin, on behalf of the applicant, sought that the award should be varied on the first full pay period to commence on or after 1 February 1997, in line with an earlier agreement. This was opposed by Ms Thomas, of the Tasmanian Chamber of Commerce and Industry Limited, as she was of the view that the applicant should have made the application prior to 1 February 1997 to enable that to be dealt with by the Commission. In addition, she said that the submission presented by Mr Griffin did not satisfy the requirements of the Act for granting retrospectivity. DECISION I accept the agreed submissions of the parties to vary the award in line with the draft order as it conforms with the wage fixing principles and the previously agreed minimum rate adjustment process for this award. However, the operative date will be the first full pay period to commence on or after 5 March 1997, as it is up to the applicant to lodge applications for minimum rate adjustments in time so as to enable the agreed program of the parties to be adopted. In my decision dated 24 April 1996 (T5172 of 1994) I stated that the three adjustments to the minimum rates would be "subject to separate applications". The Order giving effect to this decision is attached.
R J Watling Appearances: Date and place of hearing: |