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T4957

 

TASMANIAN INDUSTRIAL COMMISSION

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

Salaried Pharmacists Association, Tasmanian Branch
(T4957 of 1994)

CHEMISTS AWARD

 

PRESIDENT F. D. WESTWOOD

22 MARCH 1994

Wage rates - minimum rates adjustment principle - 3rd and final minimum rates adjustment - operative date 1/4/94

REASONS FOR DECISION

This application sought to vary the Wage Rates clause of the Chemists Award to include the third and final minimum rates adjustment.

At the commencement of proceedings, Mr Pyrke for the Salaried Pharmacists' Association, sought and was granted permission to amend the application. The amended application sought to vary the minimum wage rates of full time employees in Group 6 within subclause (a) of Clause 8; a consequential variation sought deletion of subclause (5) from Group 6 relating to the phasing in period; and a further variation was sought of Clause 44 - Penalties (Saturday, Sunday and Holidays with Pay), relating to the casual rate for work performed on Saturday.

Mr Pyrke indicated that it was intended to continue to accept absorption of all payments above the base rate. He said the increase was consistent with the wage fixing principles and did not offend public interest. He asked for ratification for what he said was an agreed position and sought an operative date of the first full pay period commencing on or after 1 April 1994.

Mr Hampton for the Pharmacy Guild of Australia endorsed Mr Pyrke's submissions. He explained that the change for Clause 44 (d) related to one section only, Saturday work for casual employees. He said that under the existing provisions of the award the hourly rate was based on the old rate of $22.89 until the new rate surpassed it. That had now occurred, hence a 25% loading for the first 3 hours and thereafter was the variation sought.

Mr Abey for the Tasmanian Chamber of Commerce and Industry Limited agreed with the submissions of the parties. He said the minimum rates adjustment process was in three stages rather than four, and endorsed the operative date sought of 1 April 1994 for this third and final adjustment.

Accordingly, as indicated at the hearing, the award will be varied in the manner sought with an operative date of the first full pay period commencing on or after 1 April 1994. The order and correction order is attached.

 

F. D. Westwood
PRESIDENT

Appearances:
Mr D. Pyrke with Ms T. Haley for the Salaried Pharmacists Association, Tasmanian Branch
Mr J. Hampton for the Pharmacy Guild of Australia, Tasmanian Branch
Mr T. J. Abey for the Tasmanian Chamber of Commerce and Industry Limited

Date and Place of Hearing:
1994:
Hobart
March 18