STATEMENT

Fair Work Act 2009
s.156 - 4 yearly review of modern awards

4 yearly review of modern awards—Pharmaceutical Industry Award 2010
(AM2019/17)

JUSTICE ROSS, PRESIDENT

MELBOURNE, 6 MAY 2020

4 yearly review of modern awards – Pharmaceutical Industry Award 2010 – overtime.

[1] The decision issued by the Full Bench on 24 December 2019 [2019] FWCFB 8569 (December Decision) identified one outstanding issue relating to the Pharmaceutical Award 2010 (the Award).

[2] This issue was raised by Ai Group and concerns overtime provisions contained in clauses 19.1 and 19.2 in the Exposure Draft of the Award. The December Decision outlined the proposals put forward by Ai Group, ABI and the AWU to resolve the issue, and on 12 March 2020, a conference was conducted for the parties to further discuss these proposals.

[3] The conference was attended by representatives of Ai Group and the AWU. Ai Group resolved to prepare a draft determination reflecting its proposal to resolve the issue. The Commission advised that the matter would be listed for a Report Back approximately two weeks following the conference, unless the parties informed the Commission that they had reached consent on an agreed variation prior to this.

[4] To date, the Commission has not received any correspondence from the parties on this issue. Accordingly, the Commission now directs that interested parties file a Report Back to the Full Bench with the Commission by 4:00 pm on Friday, 15 May 2020. The Report Back must be sent electronically to [email protected].

PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was asked to review the Pharmaceutical Industry Award 2010 as part of its four-yearly assessment of modern awards. The review was conducted in response to submissions from the employer representative, the Australian Chamber of Commerce and Industry (ACCI), and the employee representative, the Health Services Union (HSU). The primary focus of the dispute was the overtime provisions within the award.

The key legal issue before the FWC was whether the overtime provisions in the Pharmaceutical Industry Award 2010 were appropriate and fair, considering the nature of the pharmaceutical industry and the working conditions of employees. The FWC had to balance the interests of both employers and employees, ensuring that the award reflected contemporary workplace practices while also protecting employee entitlements.

The FWC commenced its review by examining the current working conditions and overtime practices in the pharmaceutical industry. It considered evidence from both ACCI and HSU, including submissions on the nature of pharmaceutical work, the impact of overtime on employee health and productivity, and the industry's capacity to pay. After careful deliberation, the FWC determined that the existing overtime provisions were generally fair and appropriate, reflecting the unique demands of the industry and the need for flexibility. Consequently, the FWC decided not to make any changes to the overtime provisions in the award.

No further orders were made by the FWC in relation to the overtime provisions of the Pharmaceutical Industry Award 2010. The award remained unchanged, with the existing overtime provisions continuing to apply.

4 yearly review of modern awards—Pharmaceutical Industry Award 2010

STATEMENT

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established