TASMANIAN INDUSTRIAL COMMISSION

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

National Union of Workers, Tasmanian Branch
(T.5237 of 1994)

Tasmanian Chamber of Commerce and Industry Limited
(T.6158 of 1996)

WHOLESALE PHARMACEUTICAL AWARD

New award - transfer wage rates and conditions of employment from Chemists Award based upon which award restructuring to take place - consent matter - application granted - award varied - operative ffpp 1 May 1996

REASONS FOR DECISION

In my decision arising out of application T.6157 of 1996 I highlighted the fact that it was the intention of the parties to the Chemists Award, as a part of the restructuring program for that award, to:

"Remove all reference to manufacturing and/or wholesale chemists and/or druggists and transfer the wage rates and conditions of employment pertaining to those employees in that part of the industry to the newly created Wholesale Pharmacy Award."

On 1 December 1994 the Commission handed down a decision, arising out of application T.5237 of 1994, and decided to make a new award titled the Wholesale Pharmaceutical Award. It was operative from 30 November 1994 and covers the wholesale pharmaceutical industry which was described as:

"... the wholesaling and/or distribution of pharmaceutical products in accordance with a licence issued under the Poisons Act, 1971, and may include the wholesaling and/or distribution of other medicines and non-prescription pharmaceutical products and other goods."

The parties to these applications agreed, as a first step only, to remove the rates of pay and conditions of employment from the Chemists Award and place them in this new Wholesale Pharmaceutical Award, thus enabling the finalisation of the restructuring of the Chemists Award and establish a starting point upon which classification redesign, broadbanding of jobs and general award restructuring would take place in the Wholesale Pharmaceutical Award.

In correspondence from the Tasmanian Chamber of Commerce and Industry Limited dated 15 April 1996 to the National Union of Workers, Tasmanian Branch, and the National Union of Workers, Tasmanian Branch response to that correspondence dated 17 April 1996, it can be clearly seen that it is the intention of the parties to only transfer all existing wage rates and conditions of employment from the Chemists Award and at some time in the future review the new award under the Structural Efficiency Principle.

This restructuring would be by way of a new application to the Commission.

Having heard the submissions of the parties and the reasons for transferring matters relating to the wholesale pharmaceutical industry to the new award, I have arrived at the conclusion that it is a logical process and would establish an easily recognisable base upon which award restructuring could take place in this industry.

The process is consistent with the Wage Fixing Principles and therefore the award will be varied in the manner sought by the parties and outlined in the draft Order presented by them in Exhibit T.1.

The Order giving effect to this decision is attached and will be operative from the first full pay period to commence on or after 1 May 1996.

R J Watling
COMMISSIONER

Appearances:
Mr D Strickland (30/11/94) for the National Union of Workers, Tasmanian Branch
Mr T J Edwards (30/11/94, 18/4/96) with Ms J Thomas (18/4/96) and Mr A Cameron (18/4/96) for the Tasmanian Chamber of Commerce and Industry Limited
Mr A Grubb (30/11/94) for the Australian Municipal, Administrative, Clerical and Services Union
Mrs H Dowd (18/4/96) for the Australian Municipal, Administrative, Clerical and Services Union

Date and place of hearing:
1994
November 1994
Hobart
1996
April 18
Hobart