On 27 August 2019, the President expressed a provisional view that awards with classifications requiring undergraduate degrees should be referred to a separate Full Bench for review.
Introduction
On 13 June 2019, a Full Bench in [2019] FWCFB 3949 issued a decision concerning an application by the Association of Professional Engineers, Scientists and Managers, Australia (APESMA) for increases to the minimum rates of pay for pharmacists in the Pharmacy Industry Award 2010 on work value grounds.
The Full Bench found that there was a lack of alignment in pay rates and relativities as between pharmacists (who require a four-year undergraduate degree) under the Pharmacy Industry Award 2010 and those for classifications requiring equivalent qualifications under the Manufacturing and Associated Industries and Occupations Award 2010, as well as a lack of consistent relationship with the Australian Qualifications Framework.
The Full Bench expressed the view that this issue may affect other awards which contain classifications applying to employees who are required to hold undergraduate qualifications and referred this matter to the President for consideration as to the procedural course to be taken under section 582 of the Fair Work Act 2019.
On 27 August 2019, the President issued a Statement ([2019] FWC 5934) and expressed a provisional view that the awards with classifications requiring undergraduate degrees should be referred to a separate Full Bench for review.
Parties were invited to comment on:
- the President’s provisional view set out at paragraph [13] of the Statement
- the accuracy of the list of awards at Attachment A and whether they have an interest in other awards that should be part of this list, and
- whether the Full Bench should consider additional awards as part of the priority group.
Decisions and statements
Document title | Organisation | Document date | Date uploaded |
---|---|---|---|
Statement [2019] FWC 5934 | Fair Work Commission | 27 August 2019 | 28 August 2019 |
Full Bench decision [2019] FWCFB 3949 | Fair Work Commission | 13 June 2019 | 28 August 2019 |
Submissions and correspondence
Document title | Organisation | Document date | Date uploaded |
---|---|---|---|
Submission in reply | Australian Council of Trade Unions | 4 October 2019 | 7 October 2019 |
Submission in reply | Australian Federation of Employers and Industries | 4 October 2019 | 7 October 2019 |
Submission in reply | Australian Business Industrial and the NSW Business Chamber | 4 October 2019 | 7 October 2019 |
Submission in reply | Independent Education Union of Australia | 4 October 2019 | 4 October 2019 |
Submission in reply | Australian Industry Group | 4 October 2019 | 4 October 2019 |
Submission | Australian Manufacturing Workers' Union | 20 September 2019 | 20 September 2019 |
Submission | Australian Industry Group | 20 September 2019 | 20 September 2019 |
Submission | United Voice | 20 September 2019 | 20 September 2019 |
Submission | Independent Education Union of Australia | 20 September 2019 | 20 September 2019 |
Submission | Collieries' Staff and Officials Association | 20 September 2019 | 20 September 2019 |
Submission | National Tertiary Education Industry Union | 20 September 2019 | 20 September 2019 |
Submission | Australian Council of Trade Unions | 20 September 2019 | 20 September 2019 |
Submission | Australian Nursing & Midwifery Federation | 20 September 2019 | 20 September 2019 |
Submission | Australian Business Industrial and the NSW Business Chamber | 20 September 2019 | 20 September 2019 |
Submission | Association of Professional Engineers, Scientists and Managers, Australia | 19 September 2019 | 19 September 2019 |
Submission | The Pharmacy Guild of Australia | 18 September 2019 | 19 September 2019 |