TASMANIAN INDUSTRIAL COMMISSION

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

Shop Distributive and Allied Employees Association,
Tasmanian Branch
(T.5172 of 1994)

RETAIL PHARMACY AWARD

New award - rates of pay and conditions of employment - consent matter - operative ffpp 1 May 1996

REASONS FOR FURTHER DECISION

On 24 November 1994 the Commission handed down an Order, arising out of this application, which established the Retail Pharmacy Award.

In the decision which gave rise to the order it was noted that the parties sought the making of the new award because -

"The parties were of the view that the retail pharmacy industry was in need of a review in terms of the structural efficiency principle. They also stated that there was a need to modernise the existing award and this could be best achieved by making a new award which was industry specific and excluded wholesale and manufacturing chemists ..."

In effect, this application arises out of the restructuring of the Chemists Award under the Wage Fixing Principles.

Between the time of making this award and the hearing on 18 April 1996, there has been a number of hearings and conferences to finalise the making of this new award.

At the final hearing of this matter, the parties presented an agreed draft Order for which they sought the Commission's endorsement.

They also presented submissions in respect of the Wage Fixing Principles, with special reference to the following principles:

• First award and extension to existing award;
• The Minimum Rates Adjustment;
• Structural Efficiency;
• Arbitrated Safety Net Adjustments.

They also presented submissions on the Public Interest requirements of the Act.

The parties dealt with the following subject matters to be included in the new award:

This new award is a comprehensive review of wage rates and conditions of employment for all employees in the retail pharmacy industry who, up till now, have been bound by the terms and conditions of the Chemists Award.

The proposal, presented by the parties, is consistent with the spirit and intent of the Wage Fixing Principles.

Some of the major changes for the industry are as follows:

1. New classifications and classification standards;

2 The classification structure is underpinned by national competency standards;

3. Increase in the span of ordinary hours and a reduction in certain penalty rates;

4. Rates of pay to include an element of trading off certain penalties;

5. The wage rates will be adjusted to reflect the Minimum Rates Adjustment program agreed to by the parties; being three adjustments, each being nine months apart and subject to separate applications. However, the proposed draft Order presented during the course of the hearing contained the first Minimum Rates Adjustment;

6. The wage rates also contain the first two Safety Net Adjustments.

Having had the benefit of hearing the submissions of the parties, during both this and earlier hearings, and having considered the contents of the consent draft Order, I am reluctant to alter their agreed position as it forms part of a restructuring package and is specifically customised for this industry.

Given the foregoing, I hereby determine that the award should be finalised in the manner sought by the parties as it is consistent with the Wage Fixing Principles and the Public Interest requirements of the Act.

An Order giving effect to this decision is attached.

R J Watling
COMMISSIONER

Appearances:
Mr P Griffin (10/11/94) and Mr P Noonan (6/11/95) for the Shop Distributive and Allied Employees Association, Tasmanian Branch
Ms H Dowd (10/11/94) for the Australian Municipal, Administrative, Clerical and Services Union
Mr D Pyrke (10/11/94 and 6/11/95) for the Salaried Pharmacists' Association (Tasmanian Branch)
Mr J Hampton (6/11/95) for The Pharmacy Guild of Australia, Tasmanian Branch.
Mr T J Edwards (10/11/94 and 6/11/95) for the Tasmanian Chamber of Commerce and Industry Limited

Date and place of hearing:
1994
November 10
Hobart
1995
November 6
December 18
Hobart
1996
February 23
March 21
April 18
Hobart