AT773671CRV - Community Pharmacy Award 1998 [Transitional]
8.1 Agreement to vary award provisions
8.1.1 This award contains facilitative provisions which allow agreement between an employer and employees on how specific award provisions are to apply at the pharmacy. The facilitative provisions are identified at 8.2.1 and 8.3.1.
8.1.2 The specific award provisions establish both the standard award condition and the framework within which agreement can be reached as to how the particular provision should be applied in practice. Facilitative provisions are not to be used as a device to avoid award obligations nor should they result in unfairness to an employee or employees covered by this award.
8.2 Facilitation by individual agreement
8.2.1 The following facilitative provisions can be utilised upon an agreement between an employer and an employee provided that the agreement complies with 8.2.2:
Subject matter |
Clause |
Payment of wages |
12.4.4 & 15.5 |
Recall Allowance |
17.5 |
Annualised salary |
19 |
Salary packaging |
20 |
Hours of work - method of establishing roster |
21.1 |
Hours of work - minimum engagement |
21.4 |
Time off in lieu of payment for penalty rates |
21.10 |
Make up time |
22 |
Meal break |
23.2 |
Time off in lieu of payment for overtime |
24.5.1 |
Annual leave - arrangement for taking leave |
25.3 & 25.4 |
Commencement of parental leave |
31.3.4 |
Return to work following parental leave |
31.3.7 |
Adoption interview leave |
31.5.6 |
Variation of period of parental leave |
31.6 |
8.2.2 The Agreement reached must be recorded in the time and wages records kept by the employer in accordance with Division 1 of Part 9A of the Workplace Relations Regulations.
8.2.3 If an employee is a member of a union bound by the award the employee may be represented by the union in meeting and conferring with the employer about the implementation of the facilitative provisions.
8.2.4 The union must be given a reasonable opportunity to participate in negotiations regarding the proposed implementation of a facilitative provision. Union involvement does not mean that consent of the union is required prior to the introduction of agreed facilitative arrangements.
8.3 Facilitation by majority agreement
8.3.1 The following facilitative provisions can be utilised upon agreement between the employer and the majority of employees in the pharmacy, provided that an agreement complies with 8.2.2 or where specified 8.4. Once such an agreement has been reached the particular form of flexibility agreed upon may be utilised by agreement between the employer and an individual employee without the need for the majority to be consulted.
Subject matter |
Clause |
Substitution of public holidays |
29.1.4 |
8.4 Additional safeguard
8.4.1 An additional safeguard applies to:
Subject matter |
Clause |
Hours of work - minimum engagement |
21.4 |
Substitution of public holidays |
29.1.4(c) |
8.4.2 The additional safeguard requires that the unions which are party to the award and which have members employed at a pharmacy covered by the award shall be informed by the employer of the intention to use the facilitative provision and shall be given a reasonable opportunity to participate in the negotiations regarding its use. Union involvement in this process does not mean that the consent of the union is required prior to the introduction of the agreed facilitative arrangements at the pharmacy.
8.5 In the event that a dispute or difficulty arises over the implementation or continued operation of a facilitative provision, the matter will be handled in accordance with the dispute resolution procedure in clause 10 - Dispute settling procedure.
