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New South Wales Industrial Relations Commission
(Industrial Gazette)

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Community Pharmacy (State) Award 2001
  
Date02/15/2008
Volume364
Part6
Page No.1210
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C6340
CategoryAward
Award Code 1590  
Date Posted02/15/2008

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(1590)

(1590)

SERIAL C6340

 

Community Pharmacy (State) Award 2001

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 1607 of 2007)

 

Before Commissioner Connor

6 December 2007

 

REVIEWED AWARD

 

PART 1

 

APPLICATION AND OPERATION OF AWARD

 

1.  Title

 

This award shall be known as the Community Pharmacy (State) Award 2001.

 

2.  Arrangement

 

PART 1

 

APPLICATION AND OPERATION OF AWARD

 

1.         Title

2.         Arrangement

3.         Transmission of Business

4.         Definitions

 

PART 2

 

AWARD FLEXIBILITY

 

5.         Enterprise Flexibility Provisions

6.         Facilitative Provisions

 

PART 3

 

COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION

 

7.         Anti-discrimination

8.         Dispute Settling Procedure

8A.      Deduction of Union Membership Fees

 

PART 4

 

EMPLOYER AND EMPLOYEE'S DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS

 

9.         Termination of Employment

10.       Terms of Employment

10A.    Secure Employment

11.       Casual Employees

12.       Redundancy

 

PART 5

 

WAGES AND RELATED MATTERS

 

13.       Wages Per Week of 38 Hours

14.       Payment of Wages

15.       Allowances

16.       Superannuation

17.       Annualised Salary

18.       Supported Wage

 

PART 6

 

HOURS OF WORK, BREAKS, OVERTIME

 

19.       Hours of Work and Penalty Rates for Ordinary Time

20.       Rostering

21.       Make-Up Time

22.       Meal Breaks, Rest Periods and Meal Allowance

23.       Overtime

24.       Flexibility of Working Hours

25.       Prohibition on Work

26.       Rosters for Weekly and Part-time Employees

 

PART 7

 

LEAVE OF ABSENCE AND PUBLIC HOLIDAYS

 

27.       Annual Holiday Loading

28.       Sick Leave

29.       Personal/Carer's Leave

30.       Bereavement Leave

31.       Public Holidays

32.       Rostered  day off falling on a holiday

33.       Long Service Leave

34.       Parental Leave

 

PART 8

 

TRAINING AND RELATED MATTERS

 

35.       Schools and Courses

36.       Training

37.       Commitment to Training and Careers

 

PART 9

 

MISCELLANEOUS

 

38.       Proof of Age

39.       Lockers

40.       Notice Board

41.       Damage to Clothing and Physical Aids

 

Part 10

 

AWARD COMPLIANCE AND RELATED MATTERS

 

42.       Posting of Award

43.       Uniformity of Award Conditions

44.       Award Modernisation

45.       Statutory Provisions

46.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

Table 2 - Other Rates and Allowances

 

Pharmacists (State) Industrial Committee - Industries and Callings

 

3.  Transmission of Business

 

3.1        Where a business is before or after the date of this award, transmitted from an employer (in this subclause called "the transmittor") to another employer (in this subclause called the "transmittee") and an employee who at the time of such transmission was an employee of the transmittor in that business becomes an employee of the transmittee:

 

3.1.1     the continuity of the employment of the employee shall be deemed not to have been broken by reason of such transmission; and

 

3.1.2     the period of employment which the employee has had with the transmittor or any prior transmittor shall be deemed to be service of the employee with the transmittee.

 

3.2        In this subclause "business" includes trade, process, business or occupation and includes part of any such business and "transmission" includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and "transmitted" has a corresponding meaning.

 

4.  Definitions

 

4.1        Pharmacist means a person who is registered as a pharmacist pursuant to the Pharmacy Act 1964.

 

4.2        Permanent Employee means an employee other than a casual employee.

 

4.3        Full-time Employee means a permanent employee who is engaged to work for an average of 38 hours or more per week.

 

4.4        Part-time Employee means a permanent employee who is engaged by a particular employer on a regular and systematic basis for a sequence of periods of employment and who is engaged to work an average of less than 38 hours per week but more than twelve hours per week and receives entitlements pro-rata.

 

4.5        Casual Employee means an employee who is engaged and paid as such but does not include employees within the definition of part time employee as defined in this clause, but may include an employee who is employed to replace the proprietor or other permanent employee for a fixed period of employment.

 

4.6        Ordinary rate or ordinary rate of pay shall mean the appropriate rate set out in clause 13.

 

4.7        Ordinary pay in relation to any employee means the remuneration for the employee’s normal weekly number of ordinary hours of work calculated at the ordinary rate of pay and in addition shall include penalty rates relating to ordinary hours of work, but shall not include overtime.

 

4.8        Experienced Pharmacist means a pharmacist who has gained a minimum of four years full-time experience, or the part-time equivalent, as a community pharmacist.

 

4.9        Pharmacist, after first year of experience means a pharmacist who has gained a minimum 1824 hours relevant experience in community pharmacies.

 

4.10      Pharmacist Manager means a pharmacist who is responsible to the proprietor for all aspects of the business.

 

4.11      Pharmacist-in-Charge means a pharmacist who assumes responsibility for the day to day supervision and functioning of a community pharmacy practice.

 

4.12      Pharmacy Student means a person who is undertaking an accredited course of study leading to the degree of Bachelor of Pharmacy.

 

4.13      Pharmacy Trainee means a person who has satisfied the examination requirements for the degree of Bachelor of Pharmacy and is engaging in the period of pre-registration training required under the Pharmacy Act 1964.

 

4.14      Guild means the New South Wales Pharmacy Guild, an industrial organisation of employers registered pursuant to the Industrial Relations Act 1996.

 

4.15      Union means the Shop, Distributive and Allied Employees’ Association, New South Wales or the Shop Assistants’ and Warehouse Employees’ Federation of Australia, Newcastle and Northern New South Wales, industrial organisations of employees registered pursuant to the Industrial Relations Act 1996.

 

4.16      Continuous Service means service under an unbroken contract of employment and includes:

 

4.16.1   any period of leave taken in accordance with this award; and

 

4.16.2   any period of leave or absence authorised by the employer or by an employment agreement; and

 

4.16.3   any period of leave or absence on account of illness, disease or injury.

 

PART 2

 

AWARD FLEXIBILITY

 

5.  Enterprise Flexibility Provisions

 

5.1        See Part 2 of the Industrial Relations Act 1996.

 

6.  Facilitative Provisions

 

6.1        Agreement to vary award provisions

 

6.1.1     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 paragraphs 6.2.1 and 6.3.1.

 

6.1.2     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.

 

6.2        Facilitation by Individual Agreement

 

6.2.1     The following facilitative provisions can be utilised upon an agreement between an employer and an employee provided that the agreement complies with paragraph 6.2.2:

 

Payment of Wages

10.4.4

Recall Allowance

15.6

Annualised Salary

17

Hours of Work - Method of Establishing Roster

20.1

Hours of Work - Minimum Engagement

20.4

Public Holidays

31.6

Make Up Time

21

Meal Break

22.2

Time Off in Lieu of Payment for Overtime

23.5

Variation to Period of Parental Leave

34.3.1

Commencement of Parental Leave

34.3.2

Return to Work Following Parental Leave

34.3.4

 

6.2.2     The Agreement reached must be recorded in the time and wages records kept by the employer in accordance with Division 2 of Part 3 of the Industrial Relations (General) Regulation 1996.

 

6.2.3     If an employee is a member of the Union the employee may be represented by the Union in meeting and conferring with the employer about the implementation of the facilitative provisions.

 

6.2.4     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.

 

6.3        Facilitation by Majority Agreement

 

6.3.1     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 paragraph 6.2.2 or where specified at paragraph 31.1.3(b) Substitution of Public Holidays.  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.

 

6.4        Additional Safeguard

 

6.4.1     An additional safeguard applies to:

 

Hours of Work - Minimum Engagement

20.4

Substitution of Public Holidays

31.1.3(b)

 

6.4.2     The additional safeguard requires that where the Union has members employed at a pharmacy covered by the award, the Union 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.

 

6.5        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 8 - Dispute Settling Procedure.

 

PART 3

 

COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION

 

7.  Anti-Discrimination

 

7.1        It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

 

7.2        It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.

 

7.3        Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

7.4        Nothing in this clause is to be taken to affect:

 

7.4.1     any conduct or act which is specifically exempted from anti-discrimination legislation;

 

7.4.2     offering or providing junior rates of pay to persons under 21 years of age;

 

7.4.3     any act or practice of a body established to propagate religion which is exempted under section 56 of the Anti-Discrimination Act 1977;

 

7.4.4     a party to this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.

 

7.5        This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

 

8.  Dispute Settling Procedure

 

8.1        If a dispute or grievance is unable to be resolved to the satisfaction of all parties at enterprise level, it should be referred to the appropriate officers of the Guild and the Union who will deal with the matter without delay.  If the matter remains unresolved, it may be referred to the Industrial Relations Commission of New South Wales.

 

8.2        The employee may be represented by an industrial organisation of employees.

 

8.3        Whilst a dispute settling procedure is being followed, normal work shall continue.

 

8A.  Union Membership Fee Deduction

 

(i)         The employer shall deduct Union membership fees (not including fines or levies) from the pay of any employee, provided that:

 

(a)        the employee has authorised the employer to make such deductions in accordance with subclause (ii) herein;

 

(b)        The Union shall advise the employer of the amount to be deducted for each pay period applying at the employer’s workplace and any changes to that amount;

 

(c)        deduction of union membership fees shall only occur in each pay period in which payment has or is to be made to an employee; and

 

(d)        there shall be no requirement to make deductions for casual employees with less than two months’ service (continuous or otherwise).

 

(ii)        The employer’s authorisation shall be in writing and shall authorise the deduction of an amount of Union fees (including any variation in that fee effected in accordance with the Union’s rules) that the Union advises the employer to deduct.  Where the employee passes any such written authorisation to the Union, the Union shall not pass the written authorisation on to the employer without first obtaining the employee’s consent to do so.  Such consent may form part of the written authorisation.

 

(iii)       Monies so deducted from employees’ pay shall be remitted to the Union on either a weekly, fortnightly, monthly or quarterly basis at the employer’s election, together with all necessary information to enable the reconciliation and crediting of subscriptions to employees’ membership accounts, provided that:

 

(a)        where the employer has elected to remit on a weekly or fortnightly basis, the employer shall be entitled to retain up to five per cent of the monies deducted; and

 

(b)        where the employer has elected to remit on a monthly or quarterly basis, the employer shall be entitled to retain up to 2.5 per cent of the monies deducted.

 

(iv)       Where an employee has already authorised the deduction of Union membership fees in writing from his or her pay prior to this clause taking effect, nothing in this clause shall be read as requiring the employee to make a fresh authorisation in order for such deductions to commence or continue.

 

(v)        The Union shall advise the employer of any change to the amount of membership fees made under its rules, provided that this does not occur more than once in any calendar year.  Such advice shall be in the form of a schedule of fees to be deducted specifying either weekly, fortnightly or monthly as the case may be.  The Union shall give the employer a minimum of two months’ notice of any such change.

 

(vi)       An employee may at any time revoke in writing an authorisation to the employer to make payroll deductions of Union membership fees.

 

(vii)      Where an employee who is a member of the Union and who has authorised the employer to make payroll deductions of Union membership fees resigns his or her membership of the Union in accordance with the rules of the Union, the Union shall inform the employee in writing of the need to revoke the authorisation to the employer in order for payroll deductions of union membership fees to cease.

 

(viii)     This clause shall take effect:

 

(a)        In the case of employers which currently deduct union membership fees, or whose payroll facilities are carried out by way of an outsourcing arrangement, or whose payroll calculations are made through the use of computerised means, from the beginning of the first pay period to commence on or after 21 March 2003;

 

(b)        In the case of employers who do not fall within sub-paragraph (i) above, but who currently make deductions, other than union membership fee deductions or mandatory deductions (such as for taxation instalments or superannuation contributions) from employees’ pay, or have in place facilities to make such deductions, from the beginning of the first pay period to commence on or after 21 June 2003;

 

(c)        For all other employers, from the beginning of the first pay period to commence on or after 21 September 2003.

 

part 4

 

EMPLOYER AND EMPLOYEE’S DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS

 

9.  Termination of Employment

 

9.1        Notice of termination by Employer

 

9.1.1     In order to terminate the employment of a full-time or part-time employee the employer shall give to the employee the period of notice specified below.

 

(a)        A pharmacist manager shall receive four weeks notice; or

 

(b)       Any other employee shall receive:

 

Period of Continuous Service

Period of Notice

 

 

More than one month but less than one year

One week

One year but less than three years

Two weeks

Three years but less than five years

Three weeks

Five years and over

Four weeks

 

9.1.2     In addition to the notice in paragraph 9.1.1 hereof, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, shall be entitled to an additional weeks’ notice.

 

9.1.3     Payment in lieu of the notice will be made if the appropriate notice period is not required to be worked.  Employment may be terminated by the employee working part of the required period of notice and by the employer making payment for the remainder of the period of notice.

 

9.1.4     In calculating any payment in lieu of notice, the wages an employee would have received in respect of the ordinary time that would have been worked during the period of notice had the employment not been terminated, shall be used.

 

9.1.5     The period of notice in this clause, shall not apply in the first month of service or in the case of casual employees.

 

9.2        Notice of Termination by Employee

 

9.2.1     The notice of termination, required to be given by an employee shall be the same as that required of an employer, save and except that there shall be no additional notice based on the age of the employee concerned.

 

9.2.2     If an employee fails to give notice, the employer has the right to withhold monies due to the employee to a maximum amount equal to the ordinary time rate of pay for the period of notice.

 

9.3        Time off Work during the Period of Notice

 

Where an employer has given notice of termination to an employee, the employee shall be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment.  The time off shall be taken at times that are convenient to the employee after consultation with the employer.

 

10.  Terms of Employment

 

10.1      An employee shall be employed under a classification prescribed by this award either as a permanent or a casual employee.

 

10.2      A casual employee shall be employed by the hour.

 

10.3      Employees employed on a part-time basis shall be paid for the hours worked at an hourly rate equal to 1/38th of the weekly rate appropriate to the employee’s classification.  Part-time employees shall accrue other entitlements on a pro rata basis and be entitled to the appropriate overtime and penalty rates that apply to full-time employees.

 

10.4      At the time of engagement the employer will document in writing the following details:

 

10.4.1   the commencement date of employment;

 

10.4.2   the classification and wages of the employee;

 

10.4.3   whether the employment is on a full-time, part-time or casual basis;

 

10.4.4   the arrangement for the payment of wages;

 

10.4.5   the daily or weekly hours of work, including the hours worked each day, which days of the week the employee will work and the actual starting and finishing times each day;

 

10.4.6   any agreement in relation to the taking of annual leave;

 

10.4.7   a position description.

 

10.5      An employee will confirm the terms of employment by signing the document.  Both the employer and the employee will retain a copy of the document.

 

10.6      Where agreement is reached to vary the regular pattern of work such variation shall be in writing.

 

10A.  Secure Employment

 

10A.1  Objective of this Clause

 

The objective of this clause is for the employer to take all reasonable steps to provide its employees with secure employment by maximising the number of permanent positions in the employer’s workforce, in particular by ensuring that casual employees have an opportunity to elect to become full-time or part-time employees.

 

10A.2  Casual Conversion

 

10A.2.1            A casual employee engaged by a particular employer on a regular and systematic basis for a sequence of periods of employment under this Award during a calendar period of six months shall thereafter have the right to elect to have his or her ongoing contract of employment converted to permanent full-time employment or part-time employment if the employment is to continue beyond the conversion process prescribed by this subclause.

 

10A.2.2            Every employer of such a casual employee shall give the employee notice in writing of the provisions of this sub-clause within four weeks of the employee having attained such period of six months. However, the employee retains his or her right of election under this subclause if the employer fails to comply with this notice requirement.

 

10A.2.3            Any casual employee who has a right to elect under paragraph 10A.2.1, upon receiving notice under paragraph 10A.2.2 or after the expiry of the time for giving such notice, may give four weeks’ notice in writing to the employer that he or she seeks to elect to convert his or her ongoing contract of employment to full-time or part-time employment, and within four weeks of receiving such notice from the employee, the employer shall consent to or refuse the election, but shall not unreasonably so refuse. Where an employer refuses an election to convert, the reasons for doing so shall be fully stated and discussed with the employee concerned, and a genuine attempt shall be made to reach agreement. Any dispute about a refusal of an election to convert an ongoing contract of employment shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.

 

10A.2.4            Any casual employee who does not, within four weeks of receiving written notice from the employer, elect to convert his or her ongoing contract of employment to full-time employment or part-time employment will be deemed to have elected against any such conversion.

 

10A.2.5            Once a casual employee has elected to become and been converted to a full-time employee or a part-time employee, the employee may only revert to casual employment by written agreement with the employer.

 

10A.2.6            If a casual employee has elected to have his or her contract of employment converted to full-time or part-time employment in accordance with paragraph 10A.2.3, the employer and employee shall, in accordance with this paragraph, and subject to paragraph 10A.2.3, discuss and agree upon:

 

(a)        whether the employee will convert to full-time or part-time employment; and

 

(b)       if it is agreed that the employee will become a part-time employee, the number of hours and the pattern of hours that will be worked either consistent with any other part-time employment provisions of this award or pursuant to a  part time work agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW);

 

Provided that an employee who has worked on a full-time basis throughout the period of casual employment has the right to elect to convert his or her contract of employment to full-time employment and an employee who has worked on a part-time basis during the period of casual employment has the right to elect to convert his or her contract of employment to part-time employment, on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed between the employer and the employee.

 

10A.2.7            Following an agreement being reached pursuant to paragraph 10A.2.6, the employee shall convert to full-time or part-time employment. If there is any dispute about the arrangements to apply to an employee converting from casual employment to full-time or part-time employment, it shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.

 

10A.2.8            An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this subclause.

 

10A.3  Occupational Health and Safety

 

10A.3.1            For the purposes of this subclause, the following definitions shall apply:

 

(a)        A "labour hire business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which has as its business function, or one of its business functions, to supply staff employed or engaged by it to another employer for the purpose of such staff performing work or services for that other employer.

 

(b)       A "contract business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which is contracted by another employer to provide a specified service or services or to produce a specific outcome or result for that other employer which might otherwise have been carried out by that other employer’s own employees.

 

10A.3.2            Any employer which engages a labour hire business and/or a contract business to perform work wholly or partially on the employer’s premises shall do the following (either directly, or through the agency of the labour hire or contract business):

 

(a)        consult with employees of the labour hire business and/or contract business  regarding the workplace occupational health and safety consultative arrangements;

 

(b)       provide employees of the labour hire business and/or contract business with appropriate occupational health and safety induction training including the appropriate training required for such employees to perform their jobs safely;

 

(c)        provide employees of the labour hire business and/or contract business with appropriate personal protective equipment and/or clothing and all safe work method statements that they would otherwise supply to their own employees; and

 

(d)       ensure employees of the labour hire business and/or contract business are made aware of any risks identified in the workplace and the procedures to control those risks.

 

10A.3.3            Nothing in this subclause 10A.3 is intended to affect or detract from any obligation or responsibility upon a labour hire business arising under the Occupational Health and Safety Act 2000 or the Workplace Injury Management and Workers Compensation Act 1998.

 

10A.4  Disputes Regarding the Application of this Clause

 

Where a dispute arises as to the application or implementation of this clause, the matter shall be dealt with pursuant to the disputes settlement procedure of this award.

 

10A.5  This clause has no application in respect of organisations which are properly registered as Group Training Organisations under the Apprenticeship and Traineeship Act 2001 (or equivalent interstate legislation) and are deemed by the relevant State Training Authority to comply with the national standards for Group Training Organisations established by the ANTA Ministerial Council.

 

11.  Casual Employees

 

11.1      A casual employee shall be paid at the appropriate rate prescribed in 13.1, plus an additional loading of 11.7%, and a further additional loading of 8.3% for annual leave.

 

11.2      Casual employees shall receive the same penalty rates as full-time and part-time employees in addition to the casual loading (for example if the penalty rate is 50% then the casual will be paid 1.7 times the ordinary rate).

 

11.3      Casual employees shall be paid at overtime rates for all work in excess of ordinary hours of work.

 

11.4      Where a casual employee cannot conveniently return home on completion of each day’s work, suitable accommodation shall be arranged and paid for by the employer.  In addition the employee shall be reimbursed fares expended in travelling to the job, and in returning to home on its completion.

 

12.  Redundancy

 

12.1

 

12.1.1   This clause shall apply in respect of full-time and part-time employees as defined in clause 4, Definitions.

 

12.1.2   This clause shall apply in respect to employers who employ 15 employees or more immediately prior to the termination of employment of employees, in the terms of subclause 12.4, Termination of Employment.

 

12.1.3   Notwithstanding anything contained elsewhere in this award, this award shall not apply to employees with less than one year's continuous service, and the general obligation on employers shall be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

 

12.1.4   Notwithstanding anything contained elsewhere in this award, this award shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.

 

12.2      Introduction of change

 

12.2.1   Employer's duty to notify

 

(a)        Where an employer has made a definite decision to introduce major changes production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and the union to which they belong.

 

(b)       "Significant effects" include termination of employment, major changes in the composition, operation or size of the employer's workforce or in   the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.

 

Provided that where this Award makes provision for alteration of any of the matters referred to in this clause, an alteration shall be deemed not to have significant effect.

 

12.2.2   Employer's duty to discuss change

 

(a)        The employer shall discuss with the employees affected and the union to which they belong, inter alia, the introduction of the changes referred to in paragraph 12.2.1, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.

 

(b)       The discussion shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in paragraph 13.2.1.

 

(c)        For the purpose of such discussion, the employer shall provide to the employees concerned and the union to which they belong all relevant information about the changes, including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees, provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

 

12.3      Redundancy

 

12.3.1   Discussions before terminations

 

(a)        Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing to be done by anyone pursuant to paragraph 12.2.1(a), and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong.

 

(b)       The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of paragraph 12.3.1(a) and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned.

 

(c)        For the purpose of the discussion the employer shall, as soon as practicable, provide to the employees concerned and the union to which they belong all relevant information about the proposed terminations, including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of workers normally employed and the period over which the terminations are likely to be carried out.

 

Provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

 

12.4      Termination of Employment

 

12.4.1   Notice for changes in production, programme, organisation or structure - This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from production, programme, organisation or structure, in accordance with paragraph 12.2.1(a):

 

(a)        In order to terminate the employment of an employee, the employer shall give to the employee the following notice:

 

Period of continuous service

Period of Notice

 

 

Less than 1 year

1 week

1 year and less than 3 years

2 weeks

3 years and less than 5 years

3 weeks

5 years and over

4 weeks

 

(b)        In addition to the notice above, employees over 45 years of age at the time of the giving of the notice, with not less than two years' continuous service, shall be entitled to an additional week's notice.

 

(c)        Payments in lieu of the notice above shall be made if the appropriate notice period is not given.  Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

 

12.4.2   Notice for technological change - This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "technology" in accordance with paragraph 12.2.1(a).

 

(a)        In order to terminate the employment of an employee, the employer shall give to the employee three months' notice of termination.

 

(b)       Payment in lieu of the notice above shall be made if the appropriate notice period is not given.  Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

 

(c)        The period of notice required by this subclause to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of these Acts.

 

12.4.3   Time off during the notice period

 

(a)        During the period of notice of termination given by the employer, an employee shall be allowed up to one day's time off without loss of pay during each week of notice, to a maximum of five weeks, for the purposes of seeking other employment.

 

(b)       If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent.

 

12.4.4   Employee leaving during the notice period - If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause to which the employee would have been entitled had the employee remained with the employer until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

 

12.4.5   Statement of employment - The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee's employment and the classification of or the type of work performed by the employee.

 

12.4.6   Notice to Centrelink - Where a decision has been made to terminate employees the employer shall notify Centrelink thereof as soon as possible, giving relevant information, including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

 

12.4.7   Employment Separation Certificate - The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an Employment Separation Certificate in the form required by Centrelink.

 

12.4.8   Transfer to lower-paid duties - Where an employee is transferred to lower-paid duties for reasons set out in paragraph 12.2.1(a), the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee's employment had been terminated, and the employer may, at the employer's option, make payment in lieu thereof of an amount equal to the difference between the former ordinary-time rate of pay and the new ordinary- time rates for the number of weeks of notice still owing.

 

12.5      Severance Pay

 

12.5.1   Where an employee is to be terminated pursuant to 12.4, subject to further order of the Industrial Relations Commission of New South Wales, the employer shall pay the following severance pay in respect of a continuous period of service:

 

(a)        If an employee is under 45 years of age, the employer shall pay in accordance with the following scale:

 

Years of Service

Under 45 Years of Age Entitlement

 

 

Less than 1 year

Nil

1 year and less than 2 years

4 weeks

2 years and less than 3 years

7 weeks

3 years and less than 4 years

10 weeks

4 years and less than 5 years

12 weeks

5 years and less than 6 years

14 weeks

6 years and over

16 weeks

 

(b)       Where an employee is 45 years of age or over, the entitlement shall be in accordance with the following scale:

 

Years of Service

45 Years of Age and Over Entitlement

 

 

Less than 1 year

Nil

1 year and less than 2 years

5 weeks

2 years and less than 3 years

8.75 weeks

3 years and less than 4 years

12.5 weeks

4 years and less than 5 years

15 weeks

5 years and less than 6 years.

17.5 weeks

6 years and over

20 weeks

 

(c)        "Week's pay" means the all-purpose rate for the employee concerned at the date of termination and shall include, in addition to the ordinary rate of pay, overaward payments, shift penalties and allowances.

 

12.5.2   Incapacity to pay - Subject to an application by the employer and further order of the Industrial Relations Commission of New South Wales, an employer may pay a lesser amount  (or no amount) of severance pay than that contained in paragraph 12.5.1. The Commission shall have regard to such financial and other resources of the employer concerned as the Commission thinks relevant, and the probable effect paying the amount of severance pay in paragraph 12.5.1 will have on the employer.

 

12.5.3   Alternative employment - Subject to pay a lesser amount  (or no amount) of severance pay than that contained in 12.5.1 if the employer obtains acceptable alternative employment for an employee.

 

part 5

 

WAGES AND RELATED MATTERS

 

13.  Wages Per Week of 38 Hours

 

13.1      The minimum rates of pay for a week of 38 hours shall be as set out in Table 1 of Part B - Wages.

 

13.2      The following classifications and gradings shall apply to Pharmacist-in-Charge and Pharmacist Manager positions.

 

13.2.1   Pharmacist

 

A Pharmacist, Pharmacist after first year of experience, or an Experienced Pharmacist works under the general direction of a Pharmacist-in-Charge, a Pharmacist Manager or a Pharmacist Proprietor.

 

Duties and responsibilities shall include, but shall not be limited to:

 

Dispensing prescriptions in accordance with the requirements of relevant legislation, counselling patients as required, National Health Service return preparation, computer housekeeping, dispensary stock control, cashing up, and locking and unlocking the pharmacy (as required).

 

13.2.2   Pharmacist-in-Charge

 

A Pharmacist-in-Charge is employed as the Pharmacist-in-Charge of a community pharmacy, either as the sole pharmacist employed in the business or as a Pharmacist-in-Charge of other employed pharmacists, and is responsible for both front-of-pharmacy and dispensary supervision.  A Pharmacist-in-Charge is subject to the overall direction of a proprietor or manager. 

 

Duties and responsibilities shall include, but shall not be limited to:

 

(a)        Performing all of the duties of a Pharmacist.

 

(b)       Locking and unlocking of the pharmacy, lunchtime supervision arrangements, supervision of staff, buying and stock control, payroll preparation, debtor control, rostering of staff, banking preparation, delivery supervision, repairs and maintenance, public relations and in-store promotions.

 

The proprietor or manager will retain responsibility for hiring and firing of staff, full business administration of profit and performance, and strategic planning.

 

13.2.3   Gradings of Pharmacist-in-Charge and Pharmacist Manager - Employment Periods in Excess of One Week

 

Pharmacists In Charge or Pharmacist Managers will be graded as follows:

 

GRADE 1 - In charge of or manages a small pharmacy where the equivalent full time supervised staff (EFTS) is two or less.

 

GRADE 2 - In charge of or manages a medium pharmacy where the EFTS is more than two but less than five.

 

GRADE 3 - In charge of or manages a large pharmacy where the EFTS is five or more.

 

13.2.4   Gradings of Pharmacist-in-Charge and Pharmacist Manager - Employment Periods for Less than One Week

 

Pharmacists in Charge or Pharmacist Managers will be graded according to the number of pharmacy assistants actually supervised for the period worked.

 

Equivalent full time supervised staff (EFTS) is calculated according to the following formula:

 

a/b = c where

a  =

=

the total number of hours ordinarily worked by pharmacy assistants in the pharmacy

b  =

=

the total number of hours the pharmacy is ordinarily open for business; and

c  =

=

the number of equivalent full time supervised staff.

 

13.3      Calculation of Rates

 

The rates of pay applying to students and trainees shall be calculated in multiple of ten cents, with any result of five cents or more being adjusted to the next highest ten cent multiple.

 

13.4      Higher Duties Payment

 

Where an employee who is not employed as a Pharmacist Manager or Pharmacist-in-Charge is called upon to replace the Proprietor, Manager or Pharmacist-in-Charge for a minimum of two hours they shall be paid at the appropriate Pharmacist-in-Charge rate in accordance with this award for all such hours worked.

 

13.5      Savings Provision

 

Nothing in this award shall be deemed to be construed to:

 

13.5.1   reduce the salary or allowances; or

 

13.5.2   alter unfavourably the terms and conditions of employment applying to any employee immediately prior to the date of operation of this variation.

 

13.6      State Wage Case

 

The rates of pay in this award include the adjustments payable under the State Wage Case June 2007.  These adjustments may be offset against:

 

(i)         any equivalent over award payments, and/or

 

(ii)        award wage increases since 29 May 1991 other than safety net, State Wage Case, and minimum rates adjustments. 

 

13.7      Pre-Existing Rates Of Pay

 

Notwithstanding any other provision in this Award no employee to whom this Award applies shall suffer a reduction in ordinary earnings (including allowances) as a result of this variation.

 

14.  Payment of Wages

 

14.1      The employer shall fix a pay day on a weekday, other than Saturday or Sunday, and shall not change the day except on a month's notice.  Provided that where there is genuine mutual agreement between the employer and employee, payment may be made on any day.  Provided further that payment of wages can only be made on a day that an employee is rostered to work.

 

14.2      Wages may be paid weekly, fortnightly or monthly.  Such payments shall be made on the same day each week or fortnight provided that:

 

14.2.1   Where payments are made weekly the payment shall be made 4 days in arrears and 3 days in advance, and

 

14.2.2   where payments are made fortnightly the payment shall be made 1 week in arrears and 1 week in advance, and

 

14.2.3   where payments are made monthly the payment shall be made on the same date in each month, no more than two weeks in arrears and not less than two weeks in advance.

 

14.3      In a week in which the day fixed as pay day falls on a day prescribed by clause 31, Public Holidays, as a holiday, the preceding working day shall be the pay day.

 

14.4      Where an employee's employment terminates at the end of a week's notice, given either by the employee or the employer, all moneys to which the employee is entitled pursuant to this Award shall be paid not later than their normal ceasing time on the day of such termination.

 

14.5      Where an employee's employment terminates at a moment's notice given either by the employee or employer in the first month of engagement or where an employee's employment is terminated summarily by the employer on the ground of misconduct, all moneys to which the employee is entitled, pursuant to this Award shall be paid within seven days of such termination.

 

14.6      Wages may be paid by electronic funds transfer.  Provided that where wages are paid by electronic funds transfer additional costs associated with the introduction and operation of electronic funds transfer shall be paid for by the employer.

 

15.  Allowances

 

15.1      Garment Allowance

 

Where an employee is required to wear a uniform the employer shall arrange for its cleaning or shall pay the employee an allowance as set out in Item 1 of Table 2 - Other Rates and Allowances.

 

15.2      Vehicle Allowance

 

Where an employee is required to use his or her own vehicle in the performance of their duties an allowance shall be paid as set out in Item 2 of Table 2 Other Rates and Allowances

 

15.3      Late Travel

 

When an employee, after having worked overtime for which they are not regularly rostered, finishes work at a time when the regular mode of transport or reasonable alternative means of transport is not available the employer shall pay for a taxi to the employee’s usual place of residence.

 

15.4      Expenses and Accommodation

 

The employer shall make suitable arrangements to cover all reasonable expenses incurred by an employee required to travel in the course of his or her employment.  Accommodation provided by an employer should be of an acceptable standard and suitable arrangements made for all meals whilst travelling on the employer’s business.  Arrangements established by an employer shall be discussed with the employee prior to the incurring of any expense.

 

15.5      Employees temporarily transferred or living away from home

 

15.5.1   An employee temporarily transferred from one branch of an employer’s business to another shall be reimbursed for any additional fares which the employee incurs and shall be paid at ordinary rates for any additional time which the employee spends in travelling to and from the employee’s place of temporary employment.

 

15.5.2   An employee engaged for a period of less than three months in a shop the location of which necessitates the employee’s living away from the employee’s home shall be provided, free of charge, with suitable board and lodging, shall be reimbursed the cost of travelling once to the place of employment and return and, for each day the employee works, shall be paid as set out in Item 3 of Table 2 Other Rates and Allowances, in addition to any other sums payable under this award. 

 

15.6      Recall Allowance

 

Unless otherwise agreed an employee recalled to work for any reason, before or after completing their normal roster or on a day in which they did not work, shall be paid at the appropriate rate for all hours worked with a minimum of three hours on each occasion.

 

The time worked shall be calculated from the time the employee leaves home until the time they return home.

 

16.  Superannuation

 

16.1      The subject of superannuation is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993, and the Superannuation (Resolution of Complaints) Act 1993.  This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.

 

16.2      Specification of Fund

 

16.2.1   Superannuation contributions made in accordance with the Superannuation Guarantee (Administration) Act 1992 shall be placed in one of the following funds, as nominated by the employee, the GuildSuper Fund, or the Retail Employees Superannuation Trust, or any other fund to which contributions were made in respect of employees employed prior to 28 August 1997.  All of these funds are required to comply with provisions of the Superannuation Industry (Supervision) Act 1993.

 

16.2.2   The employer must give each employee a "key features" statement about each fund, prepared by the relevant funds, together with relevant application forms.

 

16.2.3   An employee may change their nominated fund and the employer must act on the nomination if more than twelve months has elapsed since acting on the employees previous nomination.

 

16.3      Quantum of Contributions

 

16.3.1   An employer shall contribute to a superannuation fund as specified in subclause 15.2.1 on behalf of each eligible employee, such superannuation contributions as required to comply with the Superannuation Guarantee (Administration) Act 1992 as amended from time to time:

 

(i)         6% on behalf of each eligible employee:

 

(ii)        thereafter:

 

From 1 July 1998

7%

From 1 July 1999

7%

From 1 July 2000

8%

From 1 July 2001

8%

From 1 July 2002

9%

 

16.3.2   Contributions on behalf of each eligible employee shall apply from the date of the employee’s commencement of employment with the employer.

 

16.3.3   An eligible employee shall mean any employee who has earned a minimum of $450.00 or more in any calendar month.  Such employees shall only be deemed to be an eligible employee in those calendar months as defined in the Superannuation Guarantee Charge Act 1992, where the minimum earning requirement is met.

 

Provided that employees who are aged 70 or over are exempt from superannuation contributions.

 

16.3.4   An employer shall make a 3% superannuation contribution to a superannuation fund as specified in subclause 16.2.1 on behalf of all employees who do not meet the eligibility criteria contained in the Superannuation Guarantee (Administration) Act 1992.

 

16.4      Notional earnings base

 

The employee’s "notional earnings base" for the purpose of the Superannuation Guarantee (Administration) Act 1992 shall be the employee’s "ordinary time earnings", which shall include classification rates, overaward payments, casual loadings, penalty rates (excluding overtime rates) shift loadings, performance based bonuses and allowances.

 

16.5      Additional Employee Contributions

 

16.5.1   An employee may make contributions to the fund in addition to those made by the respondent employer under 16.3.1.

 

16.5.2   An employee who wishes to make additional contributions must authorise the respondent employer in writing to pay into the fund, from the employee’s wages, a specified amount in accordance with the fund trust deed and rules.

 

16.5.3   An employer who receives written authorisation from the employee, must commence making payments into the fund on behalf of the employee, in accordance with subclause 16.6, within 14 days of receipt of the authorisation.

 

16.5.4   An employee may vary his or her additional contributions by a written authorisation and the employer must alter the additional contributions, in accordance with subclause 16.6, within 14 days of receipt of the authorisation.

 

16.6      Frequency of payment

 

Employer and employee contributions shall be paid to the fund monthly.

 

16.7      Statement of contributions

 

The employer will provide, at the employees request, a statement of the contribution paid on the employees behalf to the fund for the previous financial year.  This statement will be provided as early as possible after the end of the financial year but need not be provided if the employees pay slips contain the relevant information.

 

17.  Annualised Salary

 

17.1      An annualised salary for employees may be developed. Such salary may be inclusive of overtime, penalty rates, payments for public holidays taken, annual leave taken, annual leave loading, meal allowance, recall allowances and meal break on call entitlements. Provided that the annual salary paid over a year was sufficient to cover what the employee would have been entitled to if all award entitlements had been complied with when calculated on an individual basis according to the hours worked.

 

17.2      Provided that in the event of termination of employment prior to completion of a year the salary paid during such period of employment will be sufficient to cover what the employee would have been entitled to if all award entitlements had been complied with.

 

17.3      When payment in accordance with this clause is adopted, the employer shall keep a daily record of hours worked by the employee which shall show the date and start and finish times of the employee for the day. The record shall be countersigned weekly by the employee and shall be kept at the place of employment for a period of at least six years.

 

Note:  The provisions relating to Salaried Pharmacists (as found in the Pharmacy (State) Award) have not been included in this Award, as this clause has been inserted in lieu.

 

18.  Supported Wage

 

18.1      This clause defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this Award.  In the context of this clause, the following definitions will apply:

 

18.1.1   'Supported Wage System' means the Commonwealth Government system to promote employment for people who cannot work at full Award wages because of a disability, as documented in "Supported Wage System:  Guidelines and Assessment Process".

 

18.1.2   ‘Accredited Assessor' means a person accredited by the management unit established by the Commonwealth under the Supported Wage System to perform assessments of an individual’s productive capacity within the Supported Wage System.

 

18.1.3   ‘Disability Support Pension' means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991, as amended from time to time, or any successor to that scheme.

 

18.1.4   ‘Assessment Document' means the form provided for under the Supported Wage System that records the assessment of the productive capacity of the person to be employed under the Supported Wage System.

 

18.2      Eligibility Criteria

 

Employees covered by this clause will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this Award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a Disability Support Pension.

 

(The clause does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers' compensation legislation or any provision of this Award relating to the rehabilitation of employees who are injured in the course of their current employment).

 

The Award does not apply to employers in respect of their facility, program, undertaking, service or the like which receives funding under the Disability Services Act 1986 and fulfils the dual role of service provider and sheltered employer to people with disabilities who are in receipt of or are eligible for a disability support pension, except with respect to an organisation which has received recognition under sections 10 or 12A of the Disability Services Act, or if a part only has received recognition, that part.

 

18.3      Supported Wage Rates

 

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:

 

Assessed Capacity (subclause (d))

% Of Prescribed Award Rate

 

 

10*

10

20

20

30

30

40

40

50

50

60

60

70

70

80

80

90

90

 

(Provided that the minimum amount payable shall not be less than $61.00 per week).

 

*Where a person's assessed capacity is 10 per cent, they shall receive a high degree of assistance and support.

 

18.4      Assessment of Capacity

 

For the purpose of establishing the percentage of the Award rate to be paid to an employee under this Award, the productive capacity of the employee will be assessed in accordance with the Supported Wage System and documented in an assessment instrument by either:

 

18.4.1   the employer and a union party to the Award, in consultation with the employee or, if desired by any of these;

 

18.4.2   the employer and an accredited Assessor from a panel agreed by the parties to the Award and the employee.

 

18.5      Lodgement of Assessment Document

 

18.5.1   All assessment documents under the conditions of this clause, including the appropriate percentage of the Award wage to be paid to the employee, shall be lodged by the employer with the Industrial Registrar of the Industrial Relations Commission of New South Wales.

 

18.5.2   All assessment documents shall be agreed and signed by the parties to the assessment, provided that where a union which is party to the Award, is not a party to the assessment, it shall be referred by the Industrial Registrar to the union by certified mail and will take effect unless an objection is notified to the Industrial Registrar within ten working days.

 

18.6      Review of Assessment

 

The assessment of the appropriate percentage should be subject to annual review or earlier on the basis of a reasonable request for a review.  The process of review must be in accordance with the procedures for assessing capacity under the Supported Wage System.

 

18.7      Other Terms and Conditions of Employment

 

Where an assessment has been made, the appropriate percentage will apply to the wage rate only.  Employees covered by the provisions of the clause will be entitled to the same terms and conditions of employment as all other workers covered by this Award paid on a pro-rata basis.

 

18.8      Workplace Adjustment

 

An employer wishing to employ a person under the provisions of this clause must take reasonable steps to make changes in the workplace to enhance the employee's capacity to do the job.  Changes may involve redesign of job duties, working time arrangements and work organisation in consultation with other workers in the area.

 

18.9      Trial Period

 

18.9.1   In order for an adequate assessment of the employee's capacity to be made, an employer may employ a person under the provisions of this clause for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.

 

18.9.2   During the trial period the assessment of capacity must be undertaken and the proposed wage rate for a continuing employment relationship must be determined.

 

18.9.3   The minimum amount payable to the employee during the trial period shall be no less than $61.00 per week.

 

18.9.4   Work trials should include induction or training as appropriate to the job being trialled.

 

18.9.5   Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment shall be entered into based on the outcome of assessment under subclause 18.4.

 

part 6

 

HOURS OF WORK, BREAKS, OVERTIME

 

19.  Hours of Work & Penalty Rates for Ordinary Time

 

19.1      The ordinary hours of work shall not exceed an average of 38 per week to be worked in any one of the following forms:

 

19.1.1   38 hours within a work cycle not exceeding 7 consecutive days; or

 

19.1.2   76 hours within a work cycle not exceeding 14 consecutive days; or

 

19.1.3   114 hours within a work cycle not exceeding 21 consecutive days; or

 

19.1.4   152 hours within a work cycle not exceeding 28 consecutive days.

 

19.2      Ordinary hours of work may be worked between the hours of 7.00 am to midnight Monday to Sunday and shall not exceed twelve hours on any one day. Any time taken for meal breaks shall be included in the calculation of ordinary hours.

 

19.3      All employees shall be paid a minimum of three hours for each start.

 

19.4      There shall be not less than a 10 hour break between finishing work (including overtime) on one day and the commencement of work on the next day.

 

19.5      Meal breaks taken on the premises do not count in the calculation of 38 hours per week.

 

19.6      The following penalty rates shall be paid to all employees in respect to ordinary hours of work:

 

Monday to Friday inclusive:

 

between 7.00 am and 8.30 am

the ordinary rate of pay plus 50%

between 7.00 pm and 9.00 pm

the ordinary rate of pay plus 25%

between 9.00 pm and midnight

the ordinary rate of pay plus 50%

Saturday

 

between 7.00 am and 8.00 am

the ordinary rate of pay plus 50%

between 8.00 am and 8.30 am

the ordinary rate of pay plus 25%

between 6.00 pm and midnight

the ordinary rate of pay plus 50%

Sunday

 

between 7.00 am and midnight

the ordinary rate of pay plus 50%

Public Holidays

 

between 7.00 am and midnight

the ordinary rate of pay plus 150%

 

19.7      All times worked between midnight and 7.00 am shall be paid at double time.

 

20.  Rostered Day Off

 

20.1      In shops employing on a regular basis fifteen or more employees per week, unless specific agreement exists to the contrary between an employer and an employee, the employee shall not be required to work ordinary hours on more than nineteen days in each four week cycle.

 

Where specific agreement exists between an employer and an employee the employee may be worked on the basis of:

 

20.1.1   not more than 4 hours work on one day in each two week cycle;

 

20.1.2   not more than 6 hours work on one day per week.

 

20.1.3   In shops employing on a regular basis more than five employees but less than fifteen employees per week, unless specific agreement exists to the contrary between an employer and an employee, the employee may be worked ordinary hours on one of the following bases at the employer's discretion:

 

20.1.4   not more than 19 days work in each four week cycle;

 

20.1.5   not more than 4 hours work on one day in each two week cycle;

 

20.1.6   not more than 6 hours work on one day in each week.

 

Where specific agreement exists, between an employer and an employee, the employee may be worked on not more than 7.6 hours per day.

 

20.2      In shops employing on a regular basis five or less employees per week, employees may be worked their ordinary hours on one of the following bases at the employer's discretion:

 

20.2.1   not more than 19 days in each four week cycle;

 

20.2.2   not more than 4 hours work on one day in each two week cycle;

 

20.2.3   not more than 6 hours work on one day in each week;

 

20.2.4   not more than 7.6 hours work on any day.

 

20.3      In any case where agreement is reached between an employer and an employee pursuant to subclause 20.1 of this clause, the relevant union shall be notified seven days prior to the implementation of such agreement. Any dispute as to such agreement shall be referred to the Industrial Relations Commission of New South Wales.

 

20.4      Provided that, for the purposes of this clause, "employing on a regular basis" includes persons of the following types:

 

20.4.1   employees of the employer engaged on the premises whose terms of employment are not regulated by this Award;

 

20.4.2   employees other than those employed by the employer whose terms of employment are regulated by this Award and who regularly work on the premises performing work as demonstrators and the like but not including the employees of a bona fide franchiser operating on the premises.

 

20.5      Provided that the unions may approach any employer to discuss the method of implementation in their shops.

 

21.  Make-Up Time

 

An employee may elect, with the consent of their employer, to work ‘make-up time’, under which the employee takes time off ordinary hours and works those hours at a later time, during the spread of ordinary hours provided in the award.

 

22.  Meal Breaks, Rest Periods and Meal Allowance

 

22.1      In normal circumstances, an employee is required to take a meal break not more than five hours after commencing work, or any subsequent period of five hours.  The meal break shall no be less than 45 minutes nor more than 1 hour, provided that, by agreement between the employer and the employee, other conditions may be observed

 

22.2      The meal break need not be taken if the employee is within one hour of finishing work.

 

22.3      A meal allowance as set out in Item 4 of Table 2 - Other Rates and Allowances shall be paid where a meal break is required to be taken between a period of ordinary time and overtime or during a period of overtime.  The meal allowance need not be paid if 24 hours notice of the requirement to work overtime is given.

 

22.4      An employee who is required to work beyond five hours without a meal break must be paid at  overtime rates until a meal break is allowed.

 

22.5      An employee who is required to take their meal break on the premises for the purpose of attending to urgent matters requiring the input of a qualified pharmacist, shall be paid at time and a half for the period of the meal break.

 

22.6      Employees shall be allowed a rest period of 10 minutes each morning and afternoon and at the commencement of the final hour of work if a meal break is not taken in accordance with 22.2 above.

 

22.7      Where there are five or more employees, an employer shall provide a room containing adequate seating accommodation with a sufficient supply of hot water to allow employees to partake of meals during their meal break.  Any dispute as to the practicability of providing such a room may be referred by the employer or the union to the conciliation committee.

 

23.  Overtime

 

23.1      An employee shall be paid overtime for all work:

 

23.1.1   in excess of 12 hours per day or an average of 38 hours per week in accordance with Clause 19 - Hours of Work and Penalty Rates for Ordinary Time.

 

23.1.2   performed outside rostered hours.

 

23.2      Overtime shall be paid for as follows:

 

23.2.1   Monday to Saturday inclusive

 

23.2.2   At time and a half for the first two hours and double time thereafter.

 

23.2.3   In computing overtime, less than 30 minutes shall be reckoned as 30 minutes and more than 30 minutes shall be reckoned as an hour.

 

23.2.4   Provided that where an employee is required to work after closing time to attend to customers then in the pharmacy only time actually worked shall count.

 

23.3      All overtime on Sunday shall be paid at the rate of double time.

 

23.4      Where an employee is working overtime in ordinary hours which attract a penalty rate then the higher of the overtime or penalty rate applies to all such hours.

 

23.5      Time Off in Lieu of Payment for Overtime

 

23.5.1   An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer.

 

23.5.2   Overtime taken as time off during ordinary time hours shall be taken at the overtime rate.

 

23.5.3   An employer shall, if requested by an employee, provide payment, at the rate provided for the payment of overtime in the award, for any overtime worked where such time has not been taken within four weeks of accrual.

 

23.6      Reasonable Overtime

 

23.6.1   Subject to clause 23.6.2 an employer may require an employee to work reasonable overtime at overtime rates, or as otherwise provided for in this award.

 

23.6.2   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.

 

23.6.3   For the purposes of clause 23.6.2 what is unreasonable or otherwise will be determined having regard to:

 

(a)        any risk to employee health and safety;

 

(b)       the employee’s personal circumstances including any family and carer responsibilities;

 

(c)        the needs of the workplace or enterprise;

 

(d)       the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and

 

(e)        any other relevant matter.

 

24.  Flexibility of Working Hours

 

Employees within each classification are to perform a wider range of duties including work, which is incidental or peripheral to their main tasks or functions.

 

Employees shall perform such work as is reasonable and lawfully required of them by the employer including accepting instruction from authorised personnel.

 

Employees shall comply with all reasonable requests to transfer or change jobs within the Award structure.

 

Employees shall take all reasonable steps to achieve quality, accuracy and completion of any job or tasks assigned to the employee.

 

Employees shall not impose any restrictions or limitations on a reasonable review of work methods or standard work times.

 

25.  Prohibition on Work

 

25.1      No employer shall require or permit any employee to work in or in connection with the sale or offering or exposing for sale by retail of goods in any pharmacy after the closing time fixed by or under the Factories, Shops, and Industries Act 1962, in respect of such shop.

 

25.2      No employee shall work in or in connection with the sale or offering or exposing for sale by retail of goods in any pharmacy after the closing time fixed by or under the Factories, Shops and Industries Act 1962, in respect of such shop.

 

25.3      Notwithstanding the provisions of sub-clauses 25.1 and 25.2, employees may work at any time in connection with the sale of medicinal or surgical goods, as defined in the Factories, Shops and Industries Act 1962, and/or prescriptions whilst and when the terms and conditions and requirements of section 89A of the last mentioned Act are being complied with.

 

25.4      No employer shall require or permit any employee to remain or be in any pharmacy which is open after the closing time fixed by or under the Factories, Shops and Industries Act 1962, in respect of such shop.

 

25.5      Employees shall not be required to wash floors, sweep pavements, clean lavatories, or clean the exterior of windows other than for the purpose of removing occasional defacements.

 

26.  Rosters for Weekly and Regular Part-Time Employees

 

26.1      Within the hours fixed by this Award the employer shall fix the commencing and ceasing times of weekly and part-time employees and shall cause a roster showing such commencing and ceasing times to be posted in a prominent position in the shop.

 

26.2      Subject to the provisions of clause 20, the rosters for work may be arranged in any one of the following forms:

 

26.2.1   Over any four days of the week, Monday to Sunday, provided that two of the rostered days off in any week are consecutive and one of those consecutive rostered days off is a Saturday or Sunday.

 

26.2.2   Over any five days of the week, Monday to Sunday.

 

26.2.3   Over any six days in one week, provided that only four days are worked in the following week with Saturday or Sunday being rostered days off in that week.

 

26.3      Except in the case of sickness or other emergency, an employee’s starting and finishing times and rostered day off in accordance with the said clause 20, shall only be changed on not less than seven days notice.

 

26.4      Each roster shall bear the date on which it commenced to operate and the date of any change made to it and shall be kept by the employer for 18 months after the last date recorded thereon and shall be made available to any authorised person requesting it.

 

PART 7

 

LEAVE OF ABSENCE AND PUBLIC HOLIDAYS

 

27.  Annual Holiday Loading

 

27.1      In this clause the Annual Holidays Act 1944, is referred to as "the Act".

 

27.2      This clause does not apply to casual employees.

 

27.3      Before an employee is given and takes his or her annual holiday, or, where by agreement between the employer and employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods, the employer shall pay his or her employee a loading determined in accordance with this clause.

 

NOTATION: The obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance, see subclause 27.7.

 

27.4      The loading is payable in addition to the pay for the period of holiday given and taken and due to the employee under the Act and this award.

 

27.5      The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or had become entitled under the Act and this award (but excluding days added to compensate for public or special holidays worked or public or special holidays falling on an employee's rostered day off not worked) or where such a holiday is given and taken in separate periods, then in relation to each such separate period.

 

27.6      The loading is the amount payable for the period or the separate period, as the case may be, stated in subclause 27.5 at the rate per week of 17½ per cent of the appropriate ordinary weekly time rate of pay prescribed by this award for the classification in which the employee was employed immediately before commencing his or her annual holiday, but shall not include other allowances, penalty rates, overtime rate or any payments prescribed by this award.

 

27.7      No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such an employee continues until the day when he or she would have become entitled under the Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause 27.6 applying the Award rates of wages payable on that day.

 

27.8      Where, in accordance with the Act, the employer's establishment or part of it is temporarily closed down for the purpose of giving an annual holiday or leave without pay to the employees concerned;

 

27.8.1   an employee who is entitled under the Act to an annual holiday and who is given and takes such a holiday shall be paid the loading calculated in accordance with subclause 27.6;

 

27.8.2   an employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay shall be paid in addition to the amount payable to the employee under the Act such proportion of the loading that would have been payable to the employee under this clause if the employee had become entitled to an annual holiday prior to the close-down as the qualifying period of employment in completed weeks bears to fifty-two.

 

27.9

 

27.9.1   Where the employment of an employee is terminated by the employer, for a cause other than misconduct and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which the employee became entitled, the employee shall be paid a loading calculated in accordance with subclause 27.5 for the period not taken.

 

27.9.2   When the employment of an employee is terminated by the employer, the employee shall be paid such loading in respect of complete periods of twelve months during which holidays are not taken.

 

27.9.3   Except as provided in subclauses 27.9.1 and 27.9.2, no loading is payable on the termination of an employee's employment.

 

28.  Sick Leave

 

28.1      An employee who is unable to attend or remain at their place of employment on account of personal illness or accidental injury shall be entitled to sick leave without deduction of ordinary pay as follows:

 

28.1.1   in the first year of service 15.25 hours for every three months of completed service;

 

28.1.2   during all subsequent years 61 hours.

 

28.2      Sick leave will be fully cumulative from year to year.

 

28.3      The employee shall notify the employer as soon as reasonably practicable of the employee’s inability to attend for work, and as far as possible state the nature of the illness and the estimated duration of the absence.  Such advice, other than in extraordinary circumstances will be given to the employer within 24 hours of the commencement of the absence.

 

28.3.1   The employee shall provide the employer with satisfactory evidence that they were unable on account of such illness or injury to attend for work.  Satisfactory evidence shall include a medical certificate or a statutory declaration.  An employer may accept other forms of evidence.

 

28.3.2   Provided that for the absence of one working day or less, the production of a medical certificate or other satisfactory evidence shall not be necessary on two separate occasions per year.

 

28.4      An employee will not be entitled to paid sick leave for any period in respect of which they are entitled to worker’s compensation.

 

28.5      Sick leave does not accrue during a period of leave without pay.

 

28.6      This clause does not apply to casual employees.

 

29.  Personal/Carer’s Leave

 

29.1      Use of Sick Leave

 

29.1.1   An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subclause 29.1.3(b) who needs the employee’s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for at Clause 28, Sick Leave, of the award, for absences to provide care and support for such persons when they are ill, or who require care due to an unexpected emergency.  Such leave may be taken for part of a single day.

 

29.1.2   The employee shall, if required:

 

(a)        establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person, or

 

(b)       establish by production of documentation acceptable to the employer or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.

 

In normal circumstances, an employee must not take carer’s leave under this subclause where another person had taken leave to care for the same person.

 

29.1.3   The entitlement to use sick leave in accordance with this subclause is subject to:

 

(a)        the employee being responsible for the care of the person concerned; and

 

(b)       the person concerned being:

 

(i)         a spouse of the employee; or

 

(ii)        a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

 

(iii)       a child or an adult child (including an adopted child, a step child, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or

 

(iv)       a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

 

(v)        a relative of the employee who is a member of the same household, where for the purposes of this paragraph:

 

(1)        'relative' means a person related by blood, marriage of affinity;

 

(2)        'affinity' means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

(3)        'household' means a family group living in the same domestic dwelling.

 

29.1.4   An employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and that person's relationship to the employee, the reasons for taking such leave and the estimated length of absence.  If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

 

29.2      Unpaid Leave for Family Purpose

 

29.2.1   An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a class of person set out in 29.1.3(b) above who is ill or who requires care due to an unexpected emergency.

 

29.3      Annual Leave

 

29.3.1   An employee may elect, with the consent of the employer to take annual leave not exceeding ten days in single-day periods, or part thereof, in any calendar year at a time or times agreed by the parties.

 

29.3.2   Access to annual leave, as prescribed in 29.3.1, shall be exclusive of any shutdown period provided for elsewhere under this Award.

 

29.3.3   An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.

 

29.3.4   An employee may elect with the employers agreement to take annual leave at anytime within a period of 24 months from the date at which it falls due.

 

29.4      Time Off in Lieu of Payment for Overtime

 

29.4.1   For the purpose only of providing care and support for a person in accordance with 29.1, and despite the provisions of 23.5, Overtime the following provisions shall apply.

 

29.4.2   An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.

 

29.4.3   Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.

 

29.4.4   If, having elected to take time as leave in accordance with 29.4.1, the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry date of the 12 month period or on termination.

 

29.4.5   Where no election is made in accordance with 29.4.1, the employee shall be paid overtime rates in accordance with the Award.

 

29.5      Make-up Time

 

29.5.1   An employee may elect, with the consent of the employer, to work 'make-up time', (under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the Award, at the ordinary rate of pay.

 

29.5.2   An employee on shift work may elect, with the consent of the employer, to work 'make-up time' (under which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate which would have been applicable to the hours taken off.

 

29.6      Personal Carers Entitlements of casual employees

 

29.6.1   Subject to the evidentiary and notice requirements in 29.1.2 and 29.1.4 casual employees are entitled to not be available to attend work, or to leave work if they need to care for a person prescribed in 29.1.3(b) of this clause who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child.

 

29.6.2   The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work.  In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion.  The casual employee is not entitled to any payment for the period of non-attendance.

 

29.6.3   An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause.  The rights of an employer to engage or not engage a casual employee are otherwise not affected.

 

30.  Bereavement Leave

 

30.1      An employee other than a casual employee shall be entitled to up to three days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in 30.3.

 

30.2      The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will, if required by the employer, provide to the satisfaction of the employer proof of death.

 

30.3      Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of Personal/Carer's Leave in 28.1.3(b), provided that, for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

30.4      An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.

 

30.5      Bereavement leave may be taken in conjunction with other leave available under 28.1, 28.2, 28.3, 28.4, 28.5 and 28.6.  In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operation requirement of the business.

 

30.6      Bereavement entitlements for casual employees

 

30.6.1   Subject to the evidentiary and notice requirements in subclauses 29.1.2 and 29.1.4 casual employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a person prescribed in subclause 29.1.3(b) of clause 29 Personal/Carers Leave.

 

30.6.2   The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work.  In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion.  The casual employee is not entitled to any payment for the period of non-attendance.

 

30.6.3   An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause.  The rights of an employer to engage or not engage a casual employee are otherwise not affected.

 

31.  Public Holidays

 

31.1      Public Holidays

 

31.1.1               Full-time and part-time employees shall be entitled, without loss of pay, to holidays on the following days:

 

(a)        New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen’s Birthday, Labour Day, Christmas Day, Boxing Day; and

 

(b)       The first Tuesday in November, or on any other day mutually agreed to between the employer and the employee); and

 

(c)        any other day proclaimed as a public holiday for the State shall be holidays provided that any day proclaimed as a holiday for the State for a special purpose but observed throughout the State on different days also shall be a holiday.

 

31.1.2               Any work performed on a day specified in subclause 31.1.1 shall be paid at the Public Holidays rate of pay in accordance with subclause 19.6.

 

31.1.3               When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 27 December.

 

31.1.4               When Boxing Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 28 December.

 

31.1.5               When New Year’s Day or Australia Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on the next Monday.

 

31.1.6               An employer, with the agreement of the Union, may substitute another day for any prescribed in this clause.

 

31.1.7               An employer and his or her employees may agree to substitute another day for any prescribed in this clause.  For this purpose, the consent of the majority of affected employees shall constitute agreement.

 

31.1.8               An agreement pursuant to 31.1.6 shall be recorded in writing and be available to every affected employee.

 

31.1.9               The Union shall be informed of an agreement pursuant to 31.1.6 and may within seven days refuse to accept it.  The Union will not unreasonably refuse to accept the agreement.

 

31.1.10             If the Union, pursuant to 31.1.9, refuses to accept an agreement, the parties will seek to resolve their differences to the satisfaction of the employer, the employees, and the Union.

 

31.1.11             If no resolution is achieved pursuant to 31.1.10, the employer may apply to the Industrial Relations Commission of New South Wales for approval of the agreement reached with his or her employees.  Such an application must be made fourteen or more days before the prescribed holiday.  After giving the employer and the Union opportunity to be heard, the said Commission will determine the application.

 

31.2      Full-Time Employees Who Do Not Regularly Work A Five-Day, Monday - Friday Week

 

31.2.1   Such an employee will not be disadvantaged by the fact that a prescribed holiday falls upon a day when the employee would not be working.  The appropriate compensation is:

 

(a)        An alternative "day off"; or

 

(b)       An addition of one day to annual leave; or

 

(c)        An additional day’s wages.

 

31.2.2   Where a full-time employee normally works on Saturdays and/or Sundays and a public holiday falls on the weekend and is the subject of a substitution provision, the employee shall either:

 

(a)        Have the "actual" day off without loss of pay, with no additional entitlement to the substitute day; or

 

(b)       If required to work on the "actual" day, be paid the normal Saturday or Sunday rate and be entitled to the substitute day, or if the substitute day falls on the employee’s normal "day off", an alternative day off (as per subclause 30.2.1 above).

 

(c)        If required to work on both the "actual" day and the substitute day be paid the normal Saturday or Sunday rate for work on the "actual" day and in recognition of the work performed on the substitute day receive either:

 

(i)         An alternative "day off"; or

 

(ii)        An addition of one day to annual leave; or

 

(iii)       Payment of public holiday rates for the day’s work.

 

31.2.3   For the purpose of this subclause "an alternative day off", "an addition of one day to annual leave" or "an additional days’ wages" shall mean 7.6 hours.

 

31.2.4   Full-time employees who do not work a five day week should get the hours that they work and 7.6 hours where holidays fall on days they do not work.

 

31.3      Non-Casual Part-Time Employees

 

31.3.1   Where the normal roster of a part-time employee includes a day which is a holiday the employee should either enjoy the holiday without loss of pay or receive the appropriate public holiday rate for working on it.

 

31.3.2   Where a part-time employee normally works on Saturdays and/or Sundays and a public holiday falls on the weekend and is the subject of a substitution provision, the employee shall either:

 

(a)        Have the "actual" day off without loss of pay, with no additional entitlement to the substitute day; or

 

(b)       If required to work on the "actual" day, be paid at the normal Saturday or Sunday rate and be entitled to take another day, which may or may not be the prescribed substitute day, as a holiday or receive payment at ordinary-time rates for an additional day of equal length.

 

31.3.3   A part-time employee who works an average five days per week, but whose roster is not a regular Monday to Friday roster, will not be disadvantaged by the fact that a prescribed holiday falls upon a day when the employee would not be working.  The appropriate compensation is:

 

(a)        An alternative "day off"; or

 

(b)       An addition of one day to annual leave; or

 

(c)        An additional day’s wages.

 

For the purposes of this subclause ‘day off’ shall mean the average number of hours rostered per day by the employee in the four week cycle prior to the public holiday.

 

31.4      When Christmas Falls On A Saturday Or Sunday

 

Permanent full-time and part-time employees required to work on 25 December shall receive the Saturday or Sunday rate (as appropriate) plus a loading of 50 per cent (of the ordinary time rate) and be entitled to the benefit of a substitute day.

 

31.5      Casual Employees

 

No special provisions apply to substitute days.

 

31.6      Time Off in Lieu of Payment for Penalty Rates

 

Where an employer and employee agree time off at the penalty equivalent, or any part of it, may be taken in lieu of penalty payments for Public Holidays only.  Provided that such time off is taken within 28 days or is accumulated and added to the period of annual leave.

 

32.  Rostered Day Off Falling on a Holiday

 

Where an employee’s rostered day off (either as part of a 19-day month cycle as provided in clause 20 or as part of a roster as provided in clause 26, Rosters for Weekly and Part-time Employees) falls on a day prescribed as a holiday in clause 31, Public Holidays, the employee shall be paid at the employer’s choice by one of the following methods:

 

32.1      Payment of an additional day’s wages equivalent to the ordinary number of hours worked by the employee on the same day in the previous similar roster.

 

32.2      Additional of one equivalent day to the employee’s annual holidays.

 

32.3      Another equivalent day may be allowed off, with pay, to the employee within 28 days after the holiday falls.

 

Part-time employees shall be entitled to the same benefits under this clause in the same proportion of the total benefits as their normal working hours are a proportion of 38.

 

Full-time and part-time employees who have the same day off each week or roster, which day coincides with a day prescribed as a holiday in the said clause 31, shall not be entitled to any additional payment or time off in lieu.

 

33.  Long Service Leave

 

The provisions of the Long Service Leave Act 1955 apply.

 

34.  Parental Leave

 

34.1      Refer to the Industrial Relations Act 1996 (NSW).  The following provisions shall also apply in addition to the Industrial Relations Act 1996 (NSW).

 

34.2      An employer must not fail to re-engage a regular casual employee (see section 53(2) of the Act) because:

 

34.2.1   the employee or employee’s spouse is pregnant; or

 

34.2.2   the employee is or has been immediately absent on parental leave.

 

The rights of an employer in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.

 

34.3      Right to request

 

34.3.1   An employee entitled to parental leave may request the employer to allow the employee:

 

(a)        to extend the period of simultaneous unpaid parental leave use up to a maximum of eight weeks;

 

(b)       to extend the period of unpaid parental leave for a further continuous period of leave not exceeding 12 months;

 

(c)        to return from a period of parental leave on a part-time basis until the child reaches school age;

 

to assist the employee in reconciling work and parental responsibilities.

 

34.3.2   An employer shall consider the request having regard to the employee’s circumstances and, provided the request is genuinely based on the employee’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employer’s business.  Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

 

34.3.3   Employee’s request and the employer’s decision to be in writing.

 

The employee’s request and the employer’s decision made under 34.3.1(b) and 34.3.1(c) must be recorded in writing.

 

34.3.4   Request to return to work part-time

 

Where an employee wishes to make a request and the employer’s decision made under 34.3.1(c) such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave.

 

34.4      Communication during parental leave

 

34.4.1   Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the employer shall take reasonable steps to:

 

(a)        make information available in relation to any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave; and

 

(b)       provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave.

 

34.4.2   The employee shall take reasonable steps to inform the employer about any significant matter that will affect the employee’s decision regarding the duration of parental leave to be taken, whether the employee intends to return to work and whether the employee intends to request to return to work on a part-time basis.

 

34.4.3   The employee shall also notify the employer of changes of address or other contact details which might affect the employer’s capacity to comply with 34.4.1 above.

 

Part 8

 

TRAINING AND RELATING MATTERS

 

35.  Schools and Courses

 

35.1      Where (at the employer’s request) an employee attends a school or course in his or her own time, and such course is aimed at improving the employee’s knowledge of a particular product or products, then such an employee shall be paid at the rate of time and one-quarter for all time spent in attending such school or course.

 

35.2      Any employee who attends a school or course in his or her own time which extends past 6.30 pm shall in addition be paid a meal allowance as set our in Item 5 of Table 2 Other Rates and Allowances, for each such day of attendance.

 

35.3      No employee shall be compelled to attend any such course in his or her own time nor shall any employee be jeopardised in their employment by way of refusal to attend any specific course in his or her own time.

 

36.  Training

 

A joint committee consisting of the representatives of the major parties to the Award shall be established to examine and recommend for approval of the parties to the Award, the structure and content of training courses or variations to established courses for progression within the career structure established.

 

37.  Commitment to Training and Careers

 

The parties acknowledge that varying degrees of training are provided to employees in the pharmacy industry, both via internal, on-the-job and through external training providers.

 

The parties commit themselves to continuing such training as is regarded by them as appropriate and improving training in cases where this is required.

 

It is agreed that the parties will co-operate in ensuring that appropriate training is available for all employees in the pharmacy industry and the parties agree to co-operate in encouraging both employers and employees to avail themselves of the benefits to both from such training.

 

The parties are committed to encouraging young people to view the pharmacy industry as one which has the capacity to provide them with an interesting career as they progress not only through junior ranks but also as adults.

 

The parties agree to continue discussions on issues raised by the unions relating to training.

 

Part 9

 

MISCELLANEOUS

 

38.  Proof of Age

 

Upon the engagement of an employee, such employee if required to do so, must furnish the employer a correct statement in writing, of the employee's age certified by Statutory Declaration or Birth Certificate.  Where an employee cannot prove the employee's age in the ordinary way, a passport, military or naval discharge or consular document shall be proof of age.

 

39.  Lockers

 

Where there are five or more employees, an employer shall provide locker accommodation for each employee.  Any dispute as to the practicability of providing the locker accommodation may be referred by the employer or the union to the Conciliation Committee.

 

40.  Notice Board

 

An employer shall permit the erection in a prominent position to be decided by the employer on the employer's premises of a notice board of reasonable dimensions or a number of such notice boards reasonable in the circumstances, upon which an accredited representative of an industrial union of employees bound by this Award shall be permitted to post formal union notices signed by the secretary of the union concerned.  Provided that such notices shall be referred to the employer before being posted on the notice board.  Any notice posted on a board not so signed or not referred to the employer may be removed by an accredited representative of the union concerned or by the employer.

 

41.  Damage to Clothing and Physical Aids

 

Where the clothing and/or physical aids of an employee are damaged or destroyed by any substance used in the course of the employee's employment, the employer shall reimburse the employee to the full extent of the employee's loss.

 

For the purpose of this clause, the words "physical aids" shall be deemed to include crutches, artificial members, eyes or teeth, hearing aids, spectacle glasses and other artificial aids.

 

part 10

 

AWARD COMPLIANCE AND RELATED MATTERS

 

42.  Posting of Award

 

A current copy of this award shall be exhibited by each employer in his/her pharmacy in a place accessible to all employees.

 

43.  Uniformity of Award Conditions

 

The Unions and the Employers agree to seek uniformity of Award conditions between this Award on the one hand and pharmacy Awards in all industrial Jurisdictions in the Commonwealth of Australia.

 

44.  Award Modernisation

 

The parties are committed to examining this award to ensure it reflects the needs of modern pharmacies and to eliminating or amending provisions which restrict the ability of Pharmacists and Pharmacists with mixed enterprises to adapt quickly and efficiently to changes affecting their business and the provisions of service to the consumer.

 

The parties are committed to modernising the terms of the award so that it provides for more flexible working arrangements, improves the quality of working life, enhances skills and job satisfaction and assists positively in the restructuring process.

 

In conjunction with testing a proposed new award structure, the unions are prepared to discuss with employers all matters raised by the unions and the employers for increased flexibility. As such any discussion with the unions must be premised on the understanding that:-

 

(a)        Changes will not be of a negative cost-cutting nature.

 

(b)        The negotiations will include the unions and employer associations.

 

(c)        The unions and employers will not unreasonably oppose agreement.

 

(d)        If agreement cannot be reached in the implementation process on a particular issue it shall be referred to the Industrial Relations Commission of New South Wales for resolution.

 

Should an agreement be reached between the parties pursuant to this clause in a particular section of the industry/enterprise and that agreement requires award variation the parties will not oppose that award variation for that particular provision for that particular section of the industry/enterprise.

 

The parties agree that under this heading any award matter can be raised for discussion.

 

Where any agreement is reached pursuant to this clause earlier than six months from the date of introduction of this clause the unions will not oppose implementation of the agreement in the award prior to the expiry of the six months.

 

45.  Statutory Provisions

 

An employee shall be entitled to annual leave in accordance with the provisions of the Annual Holidays Act 1944.

 

An employee shall be entitled to long service leave in accordance with the provisions of the Long Service Leave Act 1955.

 

For provisions as to right of entry, see Chapter 5, Part 7 of the Industrial Relations Act 1996.

 

46.  Area, Incidence and Duration

 

This award rescinds and replaces the Community Pharmacy (State) Award 2001 published 21 December 2001 (330 I.G. 597) in respect of its application to pharmacists.

 

This award shall apply to the employment of pharmacists, pharmacy students and trainees in the community and retail pharmacy industry, in New South Wales.

 

This award does not apply to hospital pharmacists engaged in a hospital or nursing home, whether engaged by a hospital or nursing home or not.

 

This award does not apply to pharmacy assistants.

 

The changes made to the Award are pursuant to s.19(6) of the Industrial Relations Act 1996 and Principal 26 of the Principals Full Review of Awards made by the Industrial Relations Commission of New South Wales on 28 April 1999 (310 I.G. 357) take effect on and from 23 November 2007.

 

This award remains in force until varied or rescinded, the period for which it was made already having expired.

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

 

Description

Total Rate per week

 

$

Pharmacist

783.10

Pharmacist after first year of experience

824.80

Experienced Pharmacist

862.50

Pharmacist in Charge

 

Grade 1

883.40

Grade 2

904.20

Grade 3

946.00

Pharmacist Manager

 

Grade 1

987.70

Grade 2

1,029.40

Grade 3

1,071.10

Pharmacist Trainee

 

First 6 months

618.20

Second 6 months

643.20

Pharmacy Student

 

First year of course

531.40

Second year of course

532.80

Third year of course

574.50

 

Table 2 - Other Rates and Allowances

 

Item No.

Clause No.

Brief Description

Amount

 

 

 

$

1

15.1

Garment Allowance

1.77 per day

2

15.2

Vehicle Allowance

 

 

 

Engine Capacity

 

 

 

Up to 1600 cc

54.7 cents per km

 

 

1601 to 2600 cc

62.2 cents per km

 

 

over 2600 cc

64.5 cents per km

3

15.5.2

Living Away from Home Allowance

9.63 per day

4

22.3

Meal Allowance

12.05

5

35.2

Meal Allowance (Schools and Courses)

12.05

 

PHARMACISTS (STATE) INDUSTRIAL COMMITTEE

 

Industries and Callings

 

Registered pharmacists engaged in or in connection with shops of pharmacists as defined by the Pharmacy Act 1964, in pharmacy departments or sections carried on in or in connection with any retail shop, employees employed in connection with any automatic vending device; and employees of public and private dispensaries in the State, excluding the County of Yancowinna.

 

excepting hospital nurses and attendants, ambulance employees, employees of hospitals for the insane and of public charitable institutions.

 

"Automatic vending device" in this constitution means any automatic machine or mechanical contrivance in which goods are offered or exposed for sale by retail.

 

 

 

P. J. CONNOR, Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

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