Fair Work Act 2009
s.156 - 4 yearly review of modern awards

Four yearly review of modern awards – Pharmacy Industry Award 2010 – consultation as per attached Draft Determination – amended operative date.

Introduction

[1] Further to the decision issued on 5 July 2017, 1 which confirmed consent variations to the Pharmacy Industry Award 2010 (Pharmacy Award), the Draft Determination (Annexure A) to give effect those variations is now provided for the comment of the parties as set out below.

Comment on Draft Determination

[2] Interested parties are directed to respond with any issues in relation to the attached Draft Determination by 4:00 pm Friday, 11 August 2017 to chambers.hatcher.vp@fwc.gov.au.

Amended Operative Date

[3] This decision serves to amend the prior operative date of 7 August 2017 of the Determination, as set out in paragraph [68] of the decision issued 5 July 2017. 2 The amended operative date of the Determination to take effect will be Monday, 11 September 2017.

VICE PRESIDENT

Fair Work Act 2009 s.156—4 yearly review of modern awards

PHARMACY INDUSTRY AWARD 2010
[MA000012]

4 yearly review of modern awards – Pharmacy Industry Award 2010 – Consultation on Draft Determination – amended operative date – substantive issues.

A. Further to the decisions issued on 5 July 2017 [[2017] FWCFB 3540] and 1 August 2017 [[2017] FWCFB 4029], the above award is varied as follows:

1. By inserting clause 12.12 as follows:

12.12 School students

The minimum engagement period for a part-time employee will be two hours if all of the following circumstances apply:

(a) the employee is a full-time secondary school student; and

(b) the employee is engaged to work engaged to work between the hours of 3.00 pm and 6.30 pm on a day on which they are required to attend school; and

(c) the employee agrees to work, and a parent or guardian of the employee agrees to allow the employee to work, a shorter period than three hours; and

(d) there is at least one employee who is classified at level 3 or higher engaged over the same period to supervise the school student.

2. By inserting clause 13.5 as follows:

13.5 School students

The minimum engagement period for an employee engaged on a casual basis will be two hours if all of the following circumstances apply:

(a) the employee is a full-time secondary school student; and

(b) the employee is engaged to work engaged to work between the hours of 3.00 pm and 6.30 pm on a day on which they are required to attend school; and

(c) the employee agrees to work, and a parent or guardian of the employee agrees to allow the employee to work, a shorter period than three hours; and

(d) there is at least one employee who is classified at level 3 or higher engaged over the same period to supervise the school student.

3. By deleting clause 18—Junior rates and inserting the following:

18. Junior wages (pharmacy assistants levels 1 and 2 only)

18.1 An employer must pay an employee, who is classified as a pharmacy assistant level 1 or level 2 and aged as specified in column 1 of the table in clause 18.2 at least at the percentage specified in column 2 of the minimum wage that would be otherwise applicable under clause 17—Minimum weekly wages.

18.2 Junior wages (pharmacy assistants levels 1 and 2 only)

4. By inserting the following note as a new paragraph at the beginning of clause 26:

Note: An employee may refuse to work additional hours if they are unreasonable as set out in s.62 of the Act.

5. By deleting clause 26.1—Reasonable overtime and inserting the following:

26.1 Application of overtime

(a) An employer must pay all employees at the overtime rate, as specified in clause 26.2(a) for any hours worked at the direction of the employer:

(i) in excess of 38 hours per week (or 76 ordinary hours over two consecutive weeks); or

(ii) in excess of 12 hours per day as specified in clause 25.2(b) (maximum daily hours); or

(iii) that are not continuous, except for rest breaks and meal breaks as specified in clause 28—Breaks; or

(iv) between midnight and 7.00 am; or

(v) outside the rostering arrangements as specified in clause 25.4.

(b) A part-time employee will be paid at the overtime rate for each hour worked in excess of the number of hours that the employee has agreed to work under clause 12.2 and 12.11.

6. By deleting 26.2(a)—Overtime and inserting the following:

(a) Payment for overtime

(i) An employer must pay an employee for all overtime worked as prescribed in clause 26.1 the overtime rate specified in column 2 of Table 5 in accordance with when the overtime was worked as specified in column 1 of that table.

(ii) The overtime rate specified in column 2 of Table 5 must be applied to the applicable minimum wage for the employee’s classification in accordance with clause 17—Minimum weekly wages.

Table 5—Overtime rates

(iii) Casual loading is not payable on overtime worked by a casual employee.

7. By deleting clause 27—Annualised salary (Pharmacists only) and inserting the following:

27. Annualised salary (pharmacist and pharmacy assistant level 4 only)

27.1 A pharmacist or pharmacy assistant level 4 may agree in writing with their employer to be paid an annualised salary that satisfies the award in relation to all or any of the following matters:

(a) overtime;

(b) penalty rates;

(c) payments for public holidays;

(d) payments for annual leave;

(e) annual leave loading;

(f) meal allowances; and

(g) on premises meal allowance.

27.2 A pharmacist or pharmacy assistant level 4 may be represented by a union or other representative nominated by them in any discussion about the making of an agreement under clause 27.1.

27.3 An annualised salary must not result in an employee being paid less over a year (or, if the employment is terminated before a year is completed, over the period of that employment) than would have been the case if an annualised salary had not been agreed.

27.4 The employer must keep a copy of any agreement under clause 27.1 and give another copy to the employee.

27.5 The employer must keep a record of hours worked each day by a pharmacist or pharmacy assistant level 4 who has entered an agreement under clause 27.1 showing the times at which the employee started and finished work that day.

27.6 A record mentioned in clause 27.5 must be:

(a) countersigned by the employee; and

(b) kept at the place of employment for at least six years.

8. By updating the table of contents and cross-references accordingly.

B. This determination comes into operation from 11 September 2017. In accordance with s.165(3) of the Fair Work Act 2009 this determination does not take effect until the start of the first full pay period that starts on or after 11 September 2017.

VICE PRESIDENT

 1   [2017] FWCFB 3540.

 2   Ibid.

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