T2492, T2536, T2634 and T2754
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Shop Distributive and Allied Employees' Association and Federated Clerks Union of Australia and National Union of Storeworkers, Packers, Rubber and Allied Workers and The Salaried Pharmacists' Association CHEMISTS AWARD
Structural Efficiency Principle - second adjustment REASONS FOR DECISION These four applications have been joined because they each seek to vary the Chemists Award in accordance with the structural efficiency principle (second adjustment). Apart from matter T.2754 of 1990, the applications have been subject to six hearings in all, and negotiations have been rather protracted and difficult. The Salaried Pharmacists Association is a newly registered organisation which only gained "award interest" in recent months. Whilst it seeks the standard second tier adjustment at this time, their agent, Mr Holden, has foreshadowed he will be pursuing a more substantial review of pharmacists in the immediate future. In addition the Shop Distributive and Allied Employees Association, Tasmanian Branch, (SDAEA) and the Federated Clerks Union of Australia, Tasmania Branch (FCU) have placed on record that they will be seeking to withdraw from this Award at some stage. And whilst the Transport Workers Union of Australia, Tasmanian Branch (TWU) had no application of its own in current proceedings, driver classifications are included in the applications of others, and Mr Hansch indicated on transcript that the TWU also seeks to ultimately withdraw from this award. On 13 November all parties reported that they had finally reached a common position and were agreed upon the terms of a newly revamped award and with an operative date of that day. Among a range of changes to the award are the following: 1. Scope Clause: The trade of seller of cosmetics or toilet preparations has been deleted to allow such businesses (not being part of a chemist shop) to be covered by the Retail Trades Award. 2. Parties and Persons Bound Clause: Updated to incorporate new registered organisation. 3. Definitions Clause: Definitions of "casuals" extended to cover persons employed up to four weeks to cover absences on annual leave. "Senior sales assistant" now same as new definition contained in Retail Trades Award. New definition of "relieving pharmacist". 4. Restructured Classifications with Graded Salary Structure: Whereas the award contained four separate sections previously and four distinct classification groupings, there will now be one new "wage rates" clause with six grades of employees. The classification structure for pharmacists is part of the on-going agenda for structural efficiency. 5. Annual Leave: The period of taking annual leave has been extended from 6 to 12 months. 6. 38 Hour Week: Whereas only two divisions of the award had 38 hour week provisions this has now been extended to all sections. This constitutes a "Tidying up" in that employers operating under other division had registered agreements which had been tested and approved in accordance with the requirements of the principle and public interest criteria. 7. Casual Employees: Consolidations of three existing clauses into one. 8. Clothing Allowance: The allowance has been increased from $1.50 to $3.00 per week, having not been adjusted for a considerable time. 9. Contract of Employment: New provision in respect of pharmacists who may be employed on a fortnightly basis in lieu of weekly. A new provision introduced to allow suspension of an employee without pay for up to one week on account of misconduct, with advice to the union, and recourse to the Commission if necessary. Provision is also made for annualised salaries, provided such salary is not less than the employee would be entitled to under the award. 10. Expenses and Accommodation: Appropriate allowances extended to all employees and private motor vehicle authorised user rate increased to 31 cents per kilometre. 11. Disputes Procedure: Basically a new provision now applying to whole of the award for the first time. A number of other items were re-drafted and/or otherwise tidied up. And as part of the structural efficiency ongoing agenda the award will reflect the parties intentions and commitment by containing the following new clause: "STRUCTURAL EFFICIENCY (a) The parties to this award are committed to co-operating positively to increase efficiency and productivity and to enhance the opportunities and job security of employees. (b) At each place of employment a consultative mechanism appropriate to the size, structure and needs of that place shall be established to consider efficiency measures. The consultative mechanism shall involve management, employers of the centre and the union(s) relevant. (c) Efficiency measures which may seek to vary a provision of this award shall be referred to the Tasmanian Industrial Commission. (d) An appropriate classification structure shall be an issue for ongoing discussion between the parties to the Award." From the evidence and material submitted the only reasonable conclusion to be drawn is that the award as a whole has been intensively streamlined and improved to be more clearly understood and therefore assist all those who rely upon or need to otherwise use it. In addition a number of significant conditions changes have been instituted to meet reasonable flexible working arrangements in this industry. The fundamental element of the package of items goes to creating the opportunity of career paths, and hopefully this will lead to many taking the opportunity to expand their sphere of activity. I am satisfied that the changes are significant and genuine and meet the requirements of the structural efficiency principle and are consistent with Section 36 of the Act. For these reasons the variations sought are granted, and the award will be varied accordingly. Date of Effect: All variations shall have effect from the agreed time of the first full pay period to commence on or after 13 November 1990. Order and Correction Order is attached.
A. Robinson Appearances: Date and Place of Hearing:
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