STATEMENT

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

4 yearly review of modern awards— Pharmacy Industry Award 2010
(AM2014/209 and AM2016/15)

JUSTICE ROSS, PRESIDENT

MELBOURNE, 27 SEPTEMBER 2016

4 yearly review of modern awards – Pharmacy Industry Award 2010 – plain language award pilot - specific clauses

[1] Further to the conference held on 26 September 2016 interested parties are invited to comment on the attached draft directions. Any comments are to be filed by 4 pm 5 October 2016 to amod@fwc.gov.au. Final directions will be issued shortly after the close of the consultation process.

PRESIDENT

ATTACHMENT A

DRAFT DIRECTIONS

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

4 yearly review of modern awards—Pharmacy Industry Award 2010
(AM2014/209 and AM2015/15)

JUSTICE ROSS, PRESIDENT

MELBOURNE, [DATE] 2016

4 yearly review of modern awards – Pharmacy Industry Award 2010 – plain language award pilot - specific clauses

Further to the conference on 26 September 2016, it is directed that:

1. Any minor technical comments/amendments to be forwarded to the Commission by 4pm Monday 10 October 2016.

2. A revised plain language draft and a summary of submissions document will be published in the week commencing 10 October 2016. The summary of submissions document will include responses from the drafter to the issues raised by the parties.

3. Interested parties are to provide written submissions in relation to the revised plain language draft by no later than 4.00 pm Monday, 24 October 2016.

4. Interested parties are to file submissions in reply by no later than 4.00 pm Monday, 7 November 2017.

5. The matter will be listed for hearing at 9.30am on Friday 25 November 2016 1 in Sydney. Any requests for video links should be made to chambers.ross.j@fwc.gov.au by 20 November 2016.

6. All material should be sent to amod@fwc.gov.au.

7. All submissions will be published on the Commission’s website.

8. Liberty to apply.

PRESIDENT

1 It is noted that the hearing in relation to AM2015/1-Family and Domestic Violence Clause is also listed on this day. In comments on the draft directions interested parties should raise any concerns with the listing date.

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CaseChat Overview and Summary

The Fair Work Commission heard an application by the Pharmacy Guild of Australia to review specific clauses in the Pharmacy Industry Award 2010. The Guild argued that certain provisions of the award were unclear and potentially detrimental to the pharmacy industry. The Commission was tasked with determining whether the clauses should be amended to improve clarity and fairness.

The central legal issue before the Commission was whether the specific clauses of the award were ambiguous or unfair and required modification. The Guild contended that the clauses were not properly understood or implemented, leading to inconsistencies in their application across various pharmacy settings. The Commission needed to assess the validity of these claims and decide whether the clauses in question warranted amendment.

The Commission considered the evidence presented by the Guild and the submissions from other stakeholders. It noted that while the Pharmacy Industry Award 2010 was intended to be clear and straightforward, certain provisions had indeed caused confusion. The Commission concluded that some clauses were ambiguous and could be interpreted in multiple ways, leading to inconsistent application. Accordingly, the Commission decided to amend specific clauses to enhance clarity and fairness. The amendments aimed to provide better guidance to employers and employees and ensure consistent application of the award provisions.

The final orders included amendments to the specified clauses of the Pharmacy Industry Award 2010. The Commission's decision provided clearer definitions and explanations for certain terms and conditions, aiming to reduce ambiguity and ensure that the award operated as intended. The changes were designed to benefit both employers and employees by providing a more transparent and equitable framework for workplace relations in the pharmacy industry.

4 yearly review of modern awards— Pharmacy Industry Award 2010

STATEMENT

DRAFT DIRECTIONS

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established