4 yearly review of modern awards

The applicants in this case, which originated in the Fair Work Commission, were two pharmacy industry trade unions. They sought a review of the Pharmacy Industry Award 2010, which was implemented under the Fair Work Act 2009 as a modern award. The unions argued that the award's provisions regarding penalty rates and maximum allowable hours of work were inadequate, and that this resulted in unfair treatment of pharmacy employees. The dispute was heard and determined by the Full Bench of the Fair Work Commission, comprising three members.

The primary legal issues before the Commission were whether the provisions of the Pharmacy Industry Award 2010 concerning penalty rates and maximum allowable hours of work were reasonable and fair. The Commission was required to consider whether the award adequately protected the interests of pharmacy employees, particularly in light of the modern award's pilot program and the union's concerns about the award's impact on employee working conditions. The Commission also needed to determine whether any changes to the award were necessary to address these concerns.

In delivering its decision, the Commission found that the Pharmacy Industry Award 2010 generally provided fair and reasonable terms and conditions for pharmacy employees. The Commission considered that the award's provisions regarding penalty rates and maximum allowable hours of work were consistent with those found in other modern awards, and that they provided adequate protection for employees. The Commission concluded that the award did not need to be altered, as it was consistent with the objectives of the Fair Work Act and the modern awards system. The applicants' appeal to the Full Bench was subsequently dismissed.

The Fair Work Commission affirmed the Pharmacy Industry Award 2010, finding that it provided fair and reasonable terms and conditions for pharmacy employees. The Commission's decision was based on its assessment that the award's provisions concerning penalty rates and maximum allowable hours of work were consistent with those found in other modern awards and provided adequate protection for employees. The applicants' appeal to the Full Bench was dismissed, and the award remains in force.