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TASMANIAN INDUSTRIAL COMMISSION
Industrial Relations Act 1984
s.23 application for award or variation of award
National Union of Workers, Tasmanian Branch
(T9685 of 2001)
WHOLESALE PHARMACEUTICAL AWARD
| DEPUTY PRESIDENT R J WATLING |
HOBART, 16 October 2001 |
Award variation - application amended - restructure of award - conditions of employment - consent matter - application granted - award varied - operative date ffpp 16 October 2001
REASONS FOR DECISION
[1] On 20 July 2001, an application was lodged with the Commission, pursuant to s.23 of the Industrial Relations Act 1984, by the National Union of Workers, Tasmanian Branch (the applicant).
[2] Ms A Parkes and Mr D Strickland represented the applicant, and Mr D Rollins and Mr J O'Neill the Tasmanian Chamber of Commerce and Industry Limited.
[3] On 3 August 2001, the parties set out a program and time frame to undertake the entire restructuring of this award and requested the hearing be adjourned sine die. The matter was relisted for hearing on Tuesday, 16 October 2001 at 10.30 am.
[4] On that day, Mr Strickland sought to amend the application in accordance with Appendix I (Exhibit NUW.1).
[5] That request was granted.
[6] Mr O'Neill, for the Tasmanian Chamber of Commerce and Industry Limited, concurred with the amendments sought, and agreed with the proposed operative date being the first pay period to commence on or after 16 October 2001.
[7] At the conclusion of the hearing I indicated to the parties that I approved their consent variations to the award, as they were consistent with the Wage Fixing Principles and the public interest requirements of s.36 of the Act. I now confirm that decision.
[8] The Order giving effect to this decision is attached and will be operative from the first full pay period to commence on or after 16 October 2001.
R J Watling
DEPUTY PRESIDENT
Appearances:
Ms A Parkes (2.8.01) and Mr D Strickland (16.10.01) for the National Union of Workers, Tasmanian Branch
Mr R Rollins (2.8.01) and Mr J O'Neill (2.8.01 and 16.10.01), the Tasmanian Chamber of Commerce and Industry Limited.
Date and place of hearing:
2001
September 17
October 16
Hobart
APPENDIX 1
SUMMARY OF CHANGES TO THE WHOLESALE PHARMACEUTICAL AWARD
| PREVIOUS AWARD CLAUSE |
NEW AWARD |
| 1. Title |
No change. |
| 2. Scope |
Renumbered Part 1, Clause 3. |
| 3. Arrangement |
Renamed "Index", formatted into 6 Parts.
Re-numbered Part 1, Clause 2. |
| 4. Date of Operation |
Amended from 18 April 1997 to[insert date]. |
| 5. Supersession |
Re-numbered Part 1, Clause 6.
Amended reference to versions of the award superseded. Proviso removed. |
| 6. Parties and Persons Bound |
Renamed "Award Interest".
Re-numbered Part 1, Clause 5.
Format amended to meet Award Review criteria.
Inclusion of Tasmanian Trades and Labor Council as an organisation with an interest in the award. |
| 7. Definitions |
Re-named "General Definitions".
Removal of all definitions specific to one Part, to the appropriate Part, in line with Award Review guidelines. Deletion of definitions referring to classifications as definitions incorporated into new classification descriptors. |
| 8. Wage Rates |
Re-numbered Part III, clause 1. Wage rates for additional classifications. Incorporates 2001 Safety Net Review increases. Deletion of additional payments. Subclause (d) - Supported Wage System now a separate clause at Part III, clause 7. |
| 9. Annual Leave |
Re-numbered Part V, clause 2. |
| 10. Casual Employees |
Re-numbered Part II, sub-clause 3(a). |
| 11. Clothing and Clothing Allowance |
Re-numbered Part III, clause 6. |
| 12. Compassionate Leave |
Renamed "Bereavement Leave".
Re-numbered Part V, clause 3. |
| 13. Contract of Employment |
Re-numbered Part II, clause 2. |
| 14. Expenses and Accommodation |
Re-numbered Part III, clause 5.
Travel allowance increased to amounts allowed as at 1 July 2000 by the Taxation Department as reimbursement. |
| 15. Holidays with Pay |
Re-numbered Part V, clause 5. |
| 16. Hours of Work |
Re-numbered Part IV, clause 1. |
| 17. Mixed Functions |
Re-numbered Part II - clause 5. |
| 18. Occupational Superannuation |
Renamed "Superannuation".
Re-numbered Part III - clause 4.
Amended to update clause in line with federal superannuation legislation.
Deleted sub-clause 18(g). |
| 19. Overtime |
Re-numbered Part IV, clause 4. |
| 20. Parental Leave |
Re-numbered Part V, clause 6.
Format updated as part of award review. |
| 21. Part-time Employees |
Re-numbered Part II, sub-clause 3(b). |
| 22. Payment of Wages |
Renumbered Part III, clause 3. |
| 23. Ratio of Junior Employees to Adult Employees |
Re-numbered Part II, clause 4. |
| 24. Rest Period |
Re-numbered Part IV, clause 3. |
| 25. Saturday, Sunday and Holiday Work |
Re-numbered Part IV, clause 5. |
| 26. Settlement of Disputes |
Re-numbered Part VI, clause 1. |
| 27. Sick Leave |
Re-numbered Part V, clause 7. |
| 28. Structural Efficiency |
Re-numbered Part VI, clause 2. Deletion of sub-clause (d) - classification review. |
| 29. Tea Money |
Re-numbered Part IV - clause 2.
Meal allowance increased to $11.60. |
| Insertion of Classification descriptors |
Insertion of classification descriptors at Part III - clause 2. |
| Insertion of Carer's leave |
Insertion of a carer's leave clause at Part V - clause 4. | |
