T2754, T4291 and T4290
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 The Salaried Pharmacists' Association The Pharmacy Guild of Australia, CHEMISTS AWARD
Wage rates - State Wage Case November 1989 - State Wage Case August 1991 wage rates Structural Efficiency Principle and first minimum rates adjustment - new classification structure and definitions - various amendments to conditions of employment -consent application - award varied first full pay period commencing on or after 15 April 1993 REASONS FOR DECISION These matters were joined for hearing purposes. However application T.2754 of 1990 which was lodged on 11 October 1990 by The Salaried Pharmacists Association (the Association) seeking salary increases for pharmacists was acknowledged as having been now overtaken by other, more recent, applications and was withdrawn by the Association. The remaining two applications by the Association and The Pharmacy Guild of Australia (the Guild) respectively seek to review both wage rates and conditions of employment in a manner consistent with the requirements of the Commission's Wage Fixing Principles as a whole. Prior to this time the Chemists Award has dealt with pharmacists in a limited way, having only three classifications i.e.: 1. Pharmacist 1st year of registration 2. Pharmacist thereafter 3. Pharmacy assistant (unregistered) The award currently deals more generally with a range of other classifications such as: 1. Storeman 2. Clerks 3. Sales assistants 4. Photographers 5. Laboratory technicians, 6. General assistants 7. Town and country travellers, and 8. Vehicle drivers. Now for the first time this Commission's Structural Efficiency Principle1 has facilitated the establishment of a proper career structure for pharmacists with relativities linked to the Metal Industry Award benchmark figure applicable to a base grade tradesperson. The new classification structure and percentage wage relativities proposed are as follows:
The Structural Efficiency Principle requires that any party to a minimum rates award or a paid rates award seeking the increases and wages and salaries allowable under the State Wage Case decision of 13 August 1991 is required to satisfy the Commission: (a) that the parties to the award have examined or are examining both award and non-award matters to test whether work classifications and basic work patterns and arrangements are appropriate - the examination to include specific consideration of: (i) the contract of employment including the employment of casual, part-time, temporary, fixed term and seasonal employees, (ii) the arrangement of working hours, (iii) the scope and incidence of the award; (b) that the parties bound by the award have a genuine commitment to the insertion of facilitative provisions in relevant clauses of the award and have taken or are taking action to do so; (c) that the award requires enterprises to establish a consultative mechanism and procedures appropriate to their size, structure and needs for consultation and negotiation on matters affecting their efficiency and productivity; (d) that the award, in order to ensure increased efficiency and productivity at the enterprise level, while not limiting the rights of either an employer or union to arbitration, provides a process whereby consideration can be given to changes in award provisions; any agreement reached under this process would have to be formally ratified by the Commission and any disputed areas should be subject to conciliation and/or arbitration; (e) that there is a provision in the award to the effect that an employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training; (f) that the parties to the award have implemented, substantially, the structural efficiency principle determined in the October 1989 State Wage Case decision and have applied or are applying consequential award reforms to the workplace; and (g) that the parties to the award have commenced the minimum rates adjustment process or are prepared to commence it, in the acceptably near future. The package of matters placed before the Commission include a comprehensive review of conditions matters best suited to meeting the special needs of the industry to make it more efficient, and productive at minimal cost, and I am satisfied that those matters as a whole are consistent with the requirements of the Act and the Wage Fixing Principles. My view in this regard is supported by the fact that the package of wage and conditions matters now presented closely follow like variations to awards of other State tribunals in relation to the employment of the classification of pharmacists, the evidence of which was confirmed by exhibits. For all of these reasons I have decided to grant the applications. Date of Effect This variation to the Chemists Award and Correction Order shall have effect from the first full pay period to commence on or after 15 April 1993. Orders giving effect to this decision are to be prepared by the parties.
A. Robinson Appearances: Date and Place of Hearing: 1 T.3069 of 1991 and T.3166 of 1991
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