AT773671CRV - Community Pharmacy Award 1998 [Transitional]

2. INCIDENCE AND PARTIES BOUND

2.1 This award shall be binding on the Association of Professional Engineers, Scientists and Managers, Australia, its officers and members, the Pharmacy Guild of Australia and its members, and the employers named in Schedule A hereto. This award shall apply to the employment of pharmacists, pharmacy students and trainees, whether members of the said Association or not, in the community and retail pharmacy industry.

2.2 This award shall be binding on The Health Services Union of Australia, its officials and members in respect of the community and retail pharmacy industry in the State of Western Australia. This award shall not be binding on the Association of Professional Engineers, Scientists and Managers, Australia, its officials and members, in respect of the community and retail pharmacy industry in the State of Western Australia.

2.3 This award shall be binding on the Shop Distributive and Allied Employees Association, its officers and members in respect of the community and retail pharmacy industry in the States of New South Wales, South Australia and in the Australian Capital Territory and the Northern Territory.

2.4 This award does not apply to hospital pharmacists engaged in a hospital or nursing home, whether engaged by a hospital or nursing home or not.

2.5 Where a business is, before or after the date of this award, transmitted from an employer (in this subclause called “the transmittor”) to another employer (in this subclause called the “transmittee”) and an employee who at the time of such transmission was an employee of the transmittor in that business becomes an employee of the transmittee:

2.5.1 the continuity of the employment of the employee shall be deemed not to have been broken by reason of such transmission; and

2.5.2 the period of employment which the employee has had with the transmittor or any prior transmittor shall be deemed to be service of the employee with the transmittee.

2.6 In this subclause “business” includes trade, process, business or occupation and includes part of any such business and “transmission” includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and “transmitted” has a corresponding meaning.