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TRANSCRIPT OF PROCEEDINGS
Fair Work Act 2009�������������������������������������� 1054975

 

VICE PRESIDENT HATCHER

 

AM2014/209

s.156 - 4 yearly review of modern awards

 

Four yearly review of modern awards

(AM2014/209)

Plain Language - Pharmacy Industry Award 2010

 

Sydney

 

10.05 AM, THURSDAY, 27 JULY 2017


PN1          

THE VICE PRESIDENT:  I'll take the appearances.  In Canberra, Ms Light, you appear with Mr Harris for the Pharmacy Guild.  In Melbourne, Ms Biddlestone, you are appear for the SDA?

PN2          

MS BIDDLESTONE:  Yes, Your Honour.

PN3          

THE VICE PRESIDENT:  Ms Baulch, you appear for APESMA.

PN4          

MS BAULCH:  Yes.

PN5          

THE VICE PRESIDENT:  And Ms Liebhaber, you appear for the HSU.

PN6          

MS LIEBHABER:  Yes, your Honour.

PN7          

THE VICE PRESIDENT:  And in Newcastle, Ms Thomson, you appear for ABI and the New South Wales Business Chamber.

PN8          

MS THOMSON:  Yes, your Honour.

PN9          

THE VICE PRESIDENT:  All right.  So Ms Biddlestone, this conference was requested by you jointly on behalf of the other unions.  So how do you wish to proceed.

PN10        

MS BIDDLESTONE:  Your Honour, the purpose of my request for the conference was really to get some clarity around how we proceed in relation to inserting a casual conversion provision into the Pharmacy Award.

PN11        

THE VICE PRESIDENT:  All right.  Well - - -

PN12        

MS BIDDLESTONE:  The decision seemed to be - it didn't really clarify how we would engage in the (indistinct) process for the insertion of the clause.

PN13        

THE VICE PRESIDENT:  Yes.

PN14        

MS BIDDLESTONE:  And we were wondering whether it might be more efficient to actually (indistinct) into the Full Bench which is looking at the drafting of the casual conversion clause so that the Pharmacy Award could be included in that process, rather than - - -

PN15        

THE VICE PRESIDENT:  All right.  The parties have seen the model clause proposed by the Full Bench in the casual and part-time employment matter.  And obviously the form of that model clause might alter, depending upon whatever further submissions are made by parties generally, but in respect of this award, would any party intend to make a submission now and tend to make a submission in the future that that clause is not appropriate to be inserted in the Pharmacy Award?

PN16        

MS BIDDLESTONE:  Your Honour, we would be in a position that we would support the submissions of the ACTU in relation to the drafting of the clause.  We know that there may be a couple of issues that submissions may be put in relation to that, but we would be happy to accept the clause once it is finalised for insertion.

PN17        

We don't foresee that there's anything different or unique to the pharmacy industry that would require something different in - to the model clause once that has been finalised.

PN18        

THE VICE PRESIDENT:  All right.  Do the other unions take the same position?

PN19        

MS BAULCH:  Yes, your Honour.

PN20        

MS LIEBHABER:  Yes, your Honour.

PN21        

THE VICE PRESIDENT:  All right.  So Ms Light, you have heard that.  What do you want to say about it?

PN22        

MS LIGHT:  We have no difficulty with the model clause, your Honour.  We've, I think, all along indicated that any decision that's made in relation to that should be followed in this award.

PN23        

THE VICE PRESIDENT:  All right.  Ms Thomson?

PN24        

MS THOMSON:  Similarly, your Honour, subject to any amendments which might be made following submissions, we don't see any need to further amend the clause for insertion into this award.

PN25        

THE VICE PRESIDENT:  All right.  Well, can we leave it on the basis that given that no party intends to raise any pharmacy industry-specific issue in relation to the clause, that there's general agreement that whatever model clause ultimately emerges out of the casual employment and part‑time case will be placed in the Pharmacy Award?

PN26        

MS THOMSON:  Yes, your Honour.

PN27        

THE VICE PRESIDENT:  We can simply record that as an agreement and then once the clause is finalised take the administrative step of placing that award into the new plain language draft?

PN28        

MS THOMSON:  Yes, your Honour.

PN29        

THE VICE PRESIDENT:  All right.  That's fairly straightforward.  Is that all the issues I need to deal with?  Ms Biddlestone?

PN30        

MS BIDDLESTONE:  Your Honour, just to clarify, because we obviously have other awards that have been identified to have the model clause included, if we take a decision to make any submissions on that - on the model clause that we can include the Pharmacy Award in this those submissions to the Full Bench?

PN31        

THE VICE PRESIDENT:  Well, that was the thing.  I thought you were saying that you would simply be aligning yourself, at least so far as this award was concerned with whatever submissions were advance by the ACTU?  That is - - -

PN32        

MS BIDDLESTONE:  That will most likely be the case.  Yes, your Honour.

PN33        

THE VICE PRESIDENT:  All right.  Well, it's up to what you what you do about any other awards, but all I want to know is with this award, the part-time and casual process will take its course and as I understood it, the parties will be happy to accept whatever is the ultimate outcome of that matter as being put into this award.

PN34        

MS BIDDLESTONE:  Yes, your Honour.  That's fine.

PN35        

THE VICE PRESIDENT:  Yes.  All right.  I will advise the President of that outcome and I think it's simply the case then that this matter  can simply wait for determination of the part-time and casual case as to the model clause.  All right.  If there's nothing further I will now adjourn.

ADJOURNED INDEFINITELY������������������������������������������������������� [10.11 AM]