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.