PHARMACY ASSISTANTS (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 5769 of 2003)
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Before Mr Deputy
President Grayson
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5 February 2004
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REVIEWED AWARD
1. Delete clause
48, Pre-Existing Rates of Pay, of clause 1, Arrangement, and renumber clause
46A. Union Membership Fee Deductions, to read as clause 47, and clause 47, Anti-Discrimination
to read as clause 48, of the award published 13 October 2000 (319 I.G. 285).
47. Union
Membership Fee Deductions
48. Anti-Discrimination
2. Insert a new
subclause (v) in clause 9, Overtime:
(v) Subject to
clause 9(v)(a) an employer may require an employee to work reasonable overtime
at overtime rates, or as otherwise provided for in this award.
(a) An employee
may refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours which are unreasonable.
(b) For the
purpose of clause 9(v)(a) what is unreasonable or otherwise will be determined
having regard to:
(1) any risk to
employee health and safety;
(2) the employee's
personal circumstances including any family and carer responsibilities;
(3) the needs of
the workplace or enterprise;
(4) the notice (if
any) given by the employer of the overtime and by the employee of his or her
intention to refuse it; and
(5) any other
relevant matter.
3. Delete clause
15, Traineeships, and insert in lieu thereof the following:
Refer to the Retail Industry (State) Training Wage
Award published 4 May 2001 (324 I.G. 529), and all variations thereof.
4. Delete
subclause (c) of clause 17, Supported Wage and insert in lieu thereof the
following:
(c) Employees to
whom this clause applies shall be paid the appropriate percentage of the
minimum rate of pay prescribed by this award for the class of work which the
person is performing according to the following schedule:
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Assessed Capacity
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% Of Prescribed Award
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(subclause (d))
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Rate
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10%
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10%
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20%
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20%
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30%
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30%
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40%
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40%
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50%
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50%
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60%
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60%
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70%
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70%
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80%
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80%
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90%
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90%
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(Provided that the minimum amount payable shall not be
less than $60.00 per week).
* Where a person's assessed capacity is 10 per cent,
they shall receive a high degree of assistance and support.
5. Delete
paragraph (iii) of subclause (i) of the said clause 17, and insert in lieu
thereof the following:
(iii) The minimum
amount payable to the employee during the trial period shall be no less than
$60.00 per week.
6. Delete the
words "Pharmacy Award" in the first paragraph of clause 28, Award
Modernisation and insert in lieu thereof the following:
"Pharmacy Assistants (State) Award"
7. Delete the
words "Factories, Shops and Industries Act 1962" in clause 37,
Prohibition on Work, and insert in lieu thereof the following:
"Shops and Industries Act 1962"
8. The changes made
to the award pursuant to the Award Review under section 19(6) of the Industrial
Relations Act 1996 and Principle 26 of the Principles for Review of Awards
made by the Industrial Relations Commission of New South Wales on 28 April 1999
(310 I.G. 359) take effect on and from 5 February 2004.
J. P. GRAYSON D.P.
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Printed by
the authority of the Industrial Registrar.