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T6157

 

TASMANIAN INDUSTRIAL COMMISSION

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

Tasmanian Chamber of Commerce and Industry Limited
(T.6157 of 1996)

CHEMISTS AWARD

 

COMMISSIONER R J WATLING

HOBART, 24 April 1996

Award variation - title - scope - deletion of redundant provisions - consent matter - application granted - award varied - operative ffpp 1 May 1996

REASONS FOR DECISION

Arising out of application T.5172 of 1994 the Commission made a new award titled the Retail Pharmacy Award. This award was established as part of the restructuring program for the Chemists Award under the Wage Fixing Principles.

The new award, which was finalised during the course of hearing application T.5172 of 1994 on 18 April 1996, will be operative from the ffpp to commence on or after 1 May 1996. From that time the wage rates and conditions of employment for employees in the retail pharmacy industry will be derived from Retail Pharmacy Award and not the provisions of the Chemists Award which, up until now, has applied.

That being the case, all wage rates and conditions of employment relating to the industry of pharmaceutical chemists registered under the Pharmacy Act 1908 will be obsolete.

This application, lodged the Tasmanian Chamber of Commerce and Industry Limited (the applicant), was for the purpose of varying the Chemists Award as part of the continuing restructuring program for that award.

The variations sought are as follows:

1. Retitle the award as the Photographic Industry Award;

2. Remove from the scope all reference to pharmaceutical chemists registered under the Pharmacy Act 1908;

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

As a result of the proposed variations the residue of the award would only relate to Photographers or seller of photographic supplies and/or equipment.

The parties presented an agreed draft Order reflecting the deletion of the above-mentioned matters.

Having considered the submissions of the parties and as this application forms part of the restructuring program for the Chemists Award, I endorse the application, including the change of name for the award which more accurately reflects to whom the award relates.

Given the establishment of the Retail Pharmacy Award and the Wholesale Pharmacy Award no employee currently covered by the Chemists Award will be left award free by the variations sought.

The application will greatly assist in removing unnecessary duplication and the potential for confusion in respect to which award has application in the retail and wholesale pharmacy industries.

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 T J Edwards with Ms J Thomas and Mr A Cameron for the Tasmanian Chamber of Commerce and Industry Limited
Mr D Pyrke for The Salaried Pharmacists' Association (Tasmania Branch)
Mr P Griffin for the Shop Distributive and Allied Employees Association, Tasmanian Branch
Mrs H Dowd for the Australian Municipal, Administrative, Clerical and Services Union

Date and place of hearing:
1996
April 18
Hobart