TASMANIAN INDUSTRIAL COMMISSION

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

The Association of Professional Engineers, Scientists and Managers, Australia
(T11765 of 2003)

RETAIL PHARMACY AWARD

Award variation - wage rates - work value case for students and trainees - second instalment - consent matter - application granted - award varied - operative date ffpp 3 November 2004

REASONS FOR DECISION

[1] This application was made pursuant to s.23 of the Industrial Relations Act 1984, by The Association of Professional Engineers, Scientists and Managers, Australia (the applicant).

[2] It flows from an application for a work value case brought by the applicant, which resulted in a decision (Exhibit A.11) being handed down by Watling DP on 15 December 2003, that varied the Retail Pharmacy Award by:

"... deleting the current wage rates and classification structure for students and trainees and replace it with a new four level structure for students and two level structure for trainees along with increased rates of pay..."

[3] At that time the parties also agreed that:

"... any increases arising out of a favourable decision should be paid in two instalments: the first instalment being operative from the first full pay period to commence on or after 3 December 2003; and, the second instalment (being the subject of a separate application) from 1 November 2004."

[4] Mr Pyrke informed the Commission that this was the second and final instalment, to be operative from the first full pay period to commence on or after 3 November 2004.

[5] Mr N Gozzi with Mr P Mazengarb for the Tasmanian Chamber of Commerce and Industry Limited and Mr R Korn for The Pharmacy Guild of Australia, Tasmanian Branch supported the submissions of Mr Pyrke.

[6] Having heard the submissions, I am satisfied the application is not contrary to the public interest test required pursuant to s.36 of the Act and the Wage Fixing Principles.

[7] The Order giving effect to this decision is attached and will be operative from the first full pay period to commence on or after 3 November 2004.

James P McAlpine
COMMISSIONER

Appearances:
Mr D Pyrke for The Association of Professional Engineers, Scientists and Managers, Australia
Mr N Gozzi with Mr P Mazengarb for the Tasmanian Chamber of Commerce and Industry Limited
Mr R Korn for The Pharmacy Guild of Australia, Tasmanian Branch

Date and place of hearing:
2004
November 3
Hobart

1 T11178 of 2003