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TASMANIAN INDUSTRIAL COMMISSION
Industrial Relations Act 1984
s.23 application for award or variation of award
The Association of Professional Engineers, Scientists and Managers, Australia
(T8751 of 1999)
RETAIL PHARMACY AWARD
| COMMISSIONER R J WATLING |
HOBART, 23 February 2000
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Award variation - Carer's Leave - application amended - Principle 16 - Award Review Process - Restructure, variation and consolidation - consent matter - application granted - award varied
REASONS FOR DECISION
On 13 December 1999, an application was lodged with the Commission, pursuant to s.23 of the Industrial Relations Act 1984, by The Association of Professional Engineers, Scientists and Managers, Australia (the applicant), to vary the Retail Pharmacy Award.
When the matter came on for hearing on 9 February 1999, Mr D Pyrke, for the applicant, informed the Commission that there had been private discussions, between the parties to the award, in an attempt to reach consensus on the issues raised in the application. He also reported the need for those discussions to be ongoing, in order to present a consent position in relation to the proposed amendments.
To that end, Mr Pyrke, with the support of Mr D Dilger, of the Tasmanian Chamber of Commerce and Industry Limited, requested the application be adjourned.
However, before doing so Mr Pyrke sought and was granted leave to amend the application to vary the Retail Pharmacy Award to give effect to Principle 16.1 - Award Review Process, of the Wage Fixing Principles.
Principle 16.1 states:
"16. AWARD REVIEW PROCESS
16.1 Consistent with the decision of the Tasmanian Industrial Commission in the July 1996 and July 1997 State Wage Cases the parties are to continue to pursue their commitment to review Awards in the context of:
(i) consistent award formatting;
(ii) removal of discriminatory provisions;
(iii) removal of obsolete or amendment of inaccurate award provisions;
(iv) updating Clause 6 - Parties and Persons Bound;
(v) re-writing of the award in plain English;
(vi) the appropriate use of facilitative provisions;
(vii) the inclusion of an appropriate enterprise flexibility clause."
The matter was relisted for hearing on Tuesday, 22 February 2000.
It is not my intention in this decision to traverse all the submissions presented, on that occasion, by the parties, as they can be found in transcript.
However, the actual variations to the award are set out in Appendix I and II to this decision.
Mr Pyrke and Mr D Dilger presented submissions in support of the application.
I am satisfied that the draft order, presented as a consent document, goes a long way to modernise and re-format the award in a manner consistent with Principle 16 of the Wage Fixing Principles.
It is also my view that the application is consistent with the public interest requirements of the Act, and therefore ,I hereby determine that the Retail Pharmacy Award be varied in the manner sought, to be operative from the dates specified in the order.
The Order giving effect to this decision is attached.
R J Watling
COMMISSIONER
Appearances:
Mr D Pyrke for The Association of Professional Engineers, Scientists and Managers, Australia
Mr D Dilger for Tasmanian Chamber of Commerce and Industry Limited
Date and place of hearing:
2000
February 9, 22
Hobart
APPENDIX I
SUMMARY OF CHANGES TO THE RETAIL PHARMACY AWARD
| PREVIOUS AWARD CLAUSE |
NEW AWARD
|
| - |
New Headings - Part 1 to Part VII inclusive |
| 1. Title |
Re-numbered Part I, Clause 1 |
| 2. Scope |
Re-numbered Part I, Clause 3; varied to include definition of "Retail Pharmacy Industry" |
| 3. Arrangement |
Re-named "Index"; Re-numbered Part I, Clause 2; varied to reflect other changes to the award |
| 4. Date of Operation |
Re-numbered Part I, Clause 4 |
| 5. Supersession and Savings |
Re-named "Supersession"; Re-numbered Part I, Clause 6 |
| 6. Parties and Persons Bound |
Re-named "Award Interest"; Re-numbered Part I, Clause 5; varied to reflect TIC requirements |
| 7. Definitions |
1. The general definitions contained therein, Re-named and re-numbered Part I, Clause 7 - General Definitions;
2. The definitions of "Casual employee", "full time employee" and "part time employee" contained therein, Re-named and re-numbered Part II, Clause 1 - Definitions;
3. The definition of "Retail Pharmacy Industry" contained therein to Part I, Clause 3 - Scope; and
4. The classification definitions contained therein, Re-namd and re-numbered Part III, Clause 3 - Classification Descriptors
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| 8. Wage Rates |
Re-numbered Part III, Clause 1; "Supported Wage System" becomes a separate clause (Part III, Clause 2) |
| 9. Annual Leave |
Re-numbered Part VI, Clause 1 |
| 10. Casual Employees |
Re-numbered Part II, Clause 2 |
| 11. Clothing and Clothing Allowance |
Re-numbered Part IV, Clause 1 |
| 12. Compassionate Leave |
Re-named "Bereavement Leave". Re-numbered Part VI, Clause 2 |
| 13. Competency Standards |
Re-numbered Part III, Clause 8 |
| 14. Contract of Employment |
Separated into 2 clauses and renamed "Employment Categories".
1. Sub-clauses (a), (g), (h), (i) and (j) re-numbered to Part II, Clause 2.
2. Sub-clauses (b), (c), (d), (e) and (f) re-numbered to Part III, Clause 3
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| 15. Expenses and Accommodation |
Re-numbered Part IV, Clause 2 |
| 16. Higher Duties |
Re-numbered Part III, Clause 4 |
| 17. Holidays with Pay |
Re-numbered Part VI, Clause 4 |
| 18. Hours of Work |
Re-numbered Part V, Clause 1 |
| 19. Meal Breaks, Rest Periods and Meal Allowances |
Re-numbered Part IV, Clause 3 |
| 20. Meal Break Availability Allowance |
Re-numbered Part IV, Clause 4 |
| 21. Occupational Superannuation |
Re-numbered Part III, Clause 7 |
| 22. Overtime |
Re-numbered Part V, Clause 2 |
| 23. Parental Leave |
Revised clause, Re-numbered Part VI, Clause 5 |
| 24. Part-time Employees |
Included in and Re-numbered Part II, Clause 2 - employment Categories, subclause (c) Part-time |
| 25. Payment of Wages |
Re-numbered Part III, Clause 6 |
| 26. Penalty Rates |
Re-named - Penalty Payments - Re-numbered Part V, Clause 3. Lead-in to sub-clause (a) varied. |
| 27. Pharmacists Remuneration Packaging |
Re-numbered Part III, Clause 5 |
| 28. Settlement of Disputes |
Re-numbered Part VII, Clause 1 |
| 29. Sick Leave |
Re-numbered Part VI, Clause 6 |
| 30. Structural Efficiency |
Re-numbered Part VII, Clause 2 |
| 31. Training |
Re-numbered Part III, Clause 9 |
| 32. Translation and Savings |
Obsolete - deleted |
APPENDIX II
Part III - Wages and Related Matters, Clause 2 - Supported Wage System - adjust minimum amount payable in that clause from $45 per week wherever appearing to $51 per week - (see Full Bench Decision T8737 of 1999, dated 24 January 2000)
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