MA000012

Pharmacy Industry Award 2020

 

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 9 April 2024 (PR771265).

Clause(s) affected by the most recent variation(s):

20—Superannuation

 

Table of Contents

[Varied by PR746868; PR747337; PR750519]

Part 1— Application and Operation of this Award................................................................... 4

1. Title and commencement............................................................................................. 4

2. Definitions..................................................................................................................... 4

3. The National Employment Standards and this award.................................................. 6

4. Coverage....................................................................................................................... 7

5. Individual flexibility arrangements............................................................................... 8

6. Requests for flexible working arrangements.............................................................. 10

7. Facilitative provisions................................................................................................. 10

Part 2— Types of Employment and Classifications................................................................. 11

8. Types of employment................................................................................................. 11

9. Full-time employees................................................................................................... 11

10. Part-time employees.................................................................................................. 11

11. Casual employees....................................................................................................... 14

12. Classifications............................................................................................................. 15

Part 3— Hours of Work............................................................................................................ 15

13. Ordinary hours of work.............................................................................................. 15

14. Rostering arrangements—full-time and part-time employees.................................. 16

15. Breaks......................................................................................................................... 17

Part 4— Wages and Allowances.............................................................................................. 17

16. Minimum rates........................................................................................................... 17

17. Payment of wages....................................................................................................... 21

18. Annualised wage arrangements—pharmacist and pharmacy assistant level 4......... 22

19. Allowances.................................................................................................................. 24

20. Superannuation.......................................................................................................... 27

Part 5— Overtime and Penalty Rates...................................................................................... 30

21. Overtime..................................................................................................................... 30

22. Penalty rates............................................................................................................... 33

Part 6— Leave and Public Holidays......................................................................................... 37

23. Annual leave............................................................................................................... 37

24. Personal/carer’s leave and compassionate leave....................................................... 42

25. Parental leave and related entitlements.................................................................... 42

26. Community service leave............................................................................................ 43

27. Family and domestic violence leave........................................................................... 43

28. Public holidays............................................................................................................ 43

Part 7— Consultation and Dispute Resolution........................................................................ 44

29. Consultation about major workplace change............................................................ 44

30. Consultation about changes to rosters or hours of work........................................... 45

31. Dispute resolution...................................................................................................... 46

Part 8— Termination of employment and Redundancy......................................................... 47

32. Termination of employment....................................................................................... 47

33. Redundancy................................................................................................................ 48

Schedule A —Classification Definitions................................................................................... 50

Schedule B —Summary of Minimum Hourly Rates of Pay..................................................... 52

Schedule C —Summary of Monetary Allowances................................................................... 61

Schedule D —Supported Wage System................................................................................... 63

Schedule E —Agreement to Take Annual Leave in Advance.................................................. 67

Schedule F —Agreement to Cash Out Annual Leave.............................................................. 69


Part 1—Application and Operation of this Award

1.                      Title and commencement

[Varied by PR743410]

1.1                   This is the Pharmacy Industry Award 2020.

[1.2 varied by PR743410 ppc 11Jul22]

1.2                   This modern award commenced operation on 1 January 2010. The terms of the award have been varied since that date.

1.3                   A variation to this award made by the Fair Work Commission does not affect any right, privilege, obligation or liability acquired, accrued or incurred under this award as in force before that variation.

2.                      Definitions

[Varied by PR733891; PR750519]

In this award:

Act means the Fair Work Act 2009 (Cth).

[Definition of casual employee inserted by PR733891 from 27Sep21]

casual employee has the meaning given by section 15A of the Act.

community pharmacy, see clause 4.1 (Coverage).

dispensary assistant, see Schedule A.3 (Classification Definitions).

defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).

employee means a national system employee as defined by section 13 of the Act.

employer means a national system employer as defined by section 14 of the Act.

enterprise instrument has the meaning given by subitem 2(1) of Schedule 6 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth).

exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).

Fair Work Regulations means the Fair Work Regulations 2009 (Cth).

immediate family means a family member defined by section 12 of the Act.

MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).

National Employment Standards, see Part 2-2 of the Act. Divisions 3 to 12 of the Act constitute the National Employment Standards. An extract of section 61 of the Act is reproduced below.

The National Employment Standards are minimum standards applying to employment of employees. The minimum standards relate to the following matters:

(a)  maximum weekly hours (Division 3);

(b)  requests for flexible working arrangements (Division 4);

[Paragraph (ba) inserted by PR733891 ppc 27Sep21]

(ba) offers and requests for casual conversion (Division 4A);

(c)  parental leave and related entitlements (Division 5);

(d)  annual leave (Division 6);

[Paragraph (e) varied by PR750519 ppc 15Mar23]

(e)  personal/carer's leave, compassionate leave and paid family and domestic violence leave (Division 7);

(f)  community service leave (Division 8);

(g)  long service leave (Division 9);

(h)  public holidays (Division 10);

(i)  notice of termination and redundancy pay (Division 11);

(j)  Fair Work Information Statement (Division 12).

on-hire means the on-hire of an employee by their employer to a client, where the employee works under the general guidance and instruction of the client or a representative of the client.

standard rate means the minimum rate for a pharmacy assistant level 3 in clause 16—Minimum rates.

State reference public sector modern award has the meaning given by subitem 3(2) of Schedule 6A to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth).

State reference public sector transitional award has the meaning given by subitem 2(1) of Schedule 6A to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth).

Table 1—Facilitative provisions means the Table in clause 7.2.

Table 2—Entitlements to meal and rest break(s) means the Table in clause 15.2.

Table 3—Minimum rates means the Table in clause 16.1.

Table 4—Junior rates (pharmacy assistants levels 1 and 2 only) means the Table in clause 16.2.

Table 5—Overtime rates means the Table in clause 21.4.

Table 6—Penalty rates means the Table in clause 22.3.

Table 7—Period of notice

means the Table in clause 32.1.

3.                      The National Employment Standards and this award

3.1                   The National Employment Standards (NES) and this award contain the minimum conditions of employment for employees covered by this award.

3.2                   Where this award refers to a condition of employment provided for in the NES, the NES definition applies.

3.3                   The employer must ensure that copies of this award and the NES are available to all employees to whom they apply, either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.

3.4                   Where a pharmacy does not have a notice board, the award and the NES may be kept at an alternative location on the premises that is accessible to employees, including being kept with the pharmacy communication book.

4.                      Coverage

4.1                   In this industry award, community pharmacy means a business to which all of the following apply:

(a)          the business is established wholly or partly for compounding or dispensing prescriptions for, or selling medicines or drugs to, the general public from the premises on which the business is conducted, whether or not other goods are so sold from those premises; and

(b)         if required to be registered under legislation for the regulation of pharmacies in force in the place in which the premises on which the business is conducted are located, the business is so registered; and

(c)          the business is not owned by a hospital or other public institution or operated by government.

4.2                   This industry award covers, to the exclusion of any other modern award:

(a)          employers in the community pharmacy industry throughout Australia; and

(b)         employees (within a classification defined in Schedule A—Classification Definitions) of employers mentioned in clause 4.2(a).

4.3                   This industry award also covers:

(a)          on-hire employees working in the community pharmacy industry (within a classification defined in Schedule A—Classification Definitions) and the on‑hire employers of those employees; and

(b)         trainees employed by a group training employer and hosted by a community pharmacy to work in the community pharmacy industry (within a classification defined in Schedule A—Classification Definitions) and the group training employers of those trainees.

4.4                   However, this industry award does not cover any of the following:

(a)          employees excluded from award coverage by the Act; or

NOTE: See section 143(7) of the Act.

(b)         employees covered by a modern enterprise award or an enterprise instrument; or

(c)          employees covered by a State reference public sector modern award or a State reference public sector transitional award; or

(d) employers of employees mentioned in clauses 4.4(a), 4.4(b) or 4.4(c).

4.5                   If an employer is covered by more than one award, an employee of the employer is covered by the award containing the classification that is most appropriate to the work performed by the employee and the industry in which they work.

NOTE: An employee working in the community pharmacy industry who is not covered by this industry award may be covered by an award with occupational coverage.

5.                      Individual flexibility arrangements

5.1                   Despite anything else in this award, an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:

(a)          arrangements for when work is performed; or

(b)         overtime rates; or

(c)          penalty rates; or

(d)         allowances; or

(e)          annual leave loading.

5.2                   An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.

5.3                   An agreement may only be made after the individual employee has commenced employment with the employer.

5.4                   An employer who wishes to initiate the making of an agreement must:

(a)          give the employee a written proposal; and

(b)         if the employer is aware that the employee has, or should reasonably be aware that the employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.

5.5                   An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.

5.6                   An agreement must do all of the following:

(a)          state the names of the employer and the employee; and

(b)         identify the award term, or award terms, the application of which is to be varied; and

(c)          set out how the application of the award term, or each award term, is varied; and

(d)         set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made; and

(e)          state the date the agreement is to start.

5.7                   An agreement must be:

(a)          in writing; and

(b)         signed by the employer and the employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

5.8                   Except as provided in clause 5.7(b), an agreement must not require the approval or consent of a person other than the employer and the employee.

5.9                   The employer must keep the agreement as a time and wages record and give a copy to the employee.

5.10               The employer and the employee must genuinely agree, without duress or coercion to any variation of an award provided for by an agreement.

5.11               An agreement may be terminated:

(a)          at any time, by written agreement between the employer and the employee; or

(b)         by the employer or employee giving 13 weeks’ written notice to the other party (reduced to 4 weeks if the agreement was entered into before the first full pay period starting on or after 4 December 2013).

NOTE: If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in section 144 of the Act then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see section 145 of the Act).

5.12               An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under that clause.

5.13               The right to make an agreement under clause 5 is additional to, and does not affect, any other term of this award that provides for an agreement between an employer and an individual employee.

6.                      Requests for flexible working arrangements

[6 substituted by PR763206 ppc 01Aug23]

Requests for flexible working arrangements are provided for in the NES.

NOTE: Disputes about requests for flexible working arrangements may be dealt with under clause 31—Dispute resolution and/or under section 65B of the Act.

7.                      Facilitative provisions

7.1                   This award contains facilitative provisions which allow agreement between an employer and an individual employee on how specific award provisions are to apply at the workplace.

7.2                   The following clauses have facilitative provisions:

Table 1—Facilitative provisions

Clause

Provision

21.5

Time off instead of payment for overtime

23.4

Annual leave in advance

23.5

Cashing out of annual leave

28.3

Substitution of public holidays by agreement

7.3                   The agreement must be kept by the employer as a time and wages record.

Part 2—Types of Employment and Classifications

8.                      Types of employment

8.1                   An employee covered by this award must be one of the following:

(a)          a full-time employee; or

(b)         a part-time employee; or

(c)          a casual employee.

8.2                   At the time of engaging an employee, the employer must inform the employee of the terms on which they are engaged, including whether they are engaged as a full-time, part-time or casual employee.

8.3                   Moving between types of employment

(a)          A full-time or casual employee can only become a part-time employee with the employee’s written consent.

(b)         Moving to part-time employment does not affect the continuity of any leave entitlements.

(c)          A full-time employee:

(i)            may request to become a part-time employee; and

(ii)          may return to full-time employment at a date agreed in writing with the employer.

9.                      Full-time employees

An employee who is engaged to work 38 ordinary hours per week (or 76 ordinary hours over 2 consecutive weeks) is a full-time employee.

10.                 Part-time employees

10.1               An employee who is engaged to work for less than 38 ordinary hours per week (or 76 over 2 consecutive weeks) and whose hours of work are reasonably predictable, is a part-time employee.

10.2               This award applies to a part-time employee in the same way that it applies to a full‑time employee except as otherwise expressly provided by this award.

10.3               A part-time employee is entitled to payments in respect of annual leave and personal/carer’s leave, on a proportionate basis.

10.4               At the time of engaging a part-time employee, the employer must agree in writing with the employee to all of the following:

(a)          the number of hours to be worked each day; and

(b)         the days of the week on which the employee will work; and

(c)          the times at which the employee will start and finish work each day; and

(d)         when meal breaks may be taken and their duration.

10.5               Any agreement under clause 10.4 must state that any variation agreed by the employer and the employee to any of the matters mentioned in clauses 10.4(a) to 10.4(d) must be in writing and may be of a temporary (e.g. single shift or rostered period) or permanent nature.

10.6               An agreement under clause 10.4 must also state that for each hour worked in excess of the number of ordinary hours agreed under clauses 10.4 and 10.12, the employee must be paid at the overtime rate in accordance with clause 21.2Application of overtime.

10.7               An employer must roster a part-time employee on any shift for a minimum of 3 consecutive hours.

10.8               The employer must keep a copy of any agreement under clause 10.4 or variation of it and give another copy to the employee.

10.9               The roster of a part-time employee, but not the number of hours agreed under clause 10.4, may be changed by the employer giving the employee 7 days’, or in an emergency 48 hours’, written notice of the change.

10.10           The roster of a part-time employee, including the number of hours agreed under clause 10.4, may be changed at any time by the employer and employee by mutual agreement.

10.11           However, the roster of a part-time employee must not be changed:

(a)          from pay period to pay period; or

(b)         so as to avoid any award entitlement.

10.12           A part-time employee who has worked on any day the number of hours agreed under clause 10.4 may agree to work additional hours on that day on the terms applicable to a casual employee. An agreement to work additional hours must be in writing.

NOTE: If the employer directs a part-time employee to work a reasonable number of hours in excess of the number of ordinary hours they are required to work per week, the employer must pay the employee at the overtime rate specified in clause 21—Overtime for those hours. Clause 10.12, however, allows a part-time employee to agree with their employer to work more than their rostered hours on a particular day and be paid the casual loading instead of the overtime rate for those hours. The overtime rate must, however, be paid for any hours worked in the circumstances specified in clause 21.2—Application of overtime.

EXAMPLE: After finishing her rostered hours for a day, Alice’s boss, Catherine, asks her to stay and work an additional 2 hours. Catherine explains that Alice is not required to do so as she can arrange for a casual employee to perform the work. Alice is keen on earning some extra money so she agrees to work the additional hours at the casual rate.

10.13           However, the total number of hours agreed under clause 10.4 and 10.12 must not exceed the maximum daily hours specified in clause 13.3 (Ordinary hours of work) or full-time employment hours specified in clause 9Full-time employees.

NOTE: See clause 21—Overtime for rates applicable when agreed additional hours exceed the maximum daily hours or full-time employment hours.

10.14           School students

The minimum engagement period for a part-time employee will be 2 hours if all of the following circumstances apply:

(a)          the employee is a full-time secondary school student; and

(b)         the employee is engaged to work between the hours of 3.00 pm and 6.30 pm on a day which they are required to attend school; and

(c)          the employee agrees to work, and a parent or guardian of the employee agrees to allow the employee to work, a shorter period than 3 hours; and

(d)         there is at least one employee who is classified at level 3 or higher engaged over the same period to supervise the school student.

11.                 Casual employees

[Varied by PR733891]

[11.1 deleted by PR733891 from 27Sep21]

[11.2 renumbered as 11.1 by PR733891 from 27Sep21]

11.1               An employer must roster a casual employee on any shift for a minimum of 3 consecutive hours.

[11.3 renumbered as 11.2 by PR733891 from 27Sep21]

11.2               An employer must pay a casual employee for each ordinary hour worked a loading of 25% on top of the minimum hourly rate otherwise applicable under clause 16Minimum rates.

NOTE: Column 2 of Table 3—Minimum rates shows the minimum hourly rate to which the casual loading applies. If an employee is classified as a Pharmacy Assistant, and aged under 21 years, see also clause 16.2—Junior rates (pharmacy assistants levels 1 and 2 only).

[11.4 renumbered as 11.3 by PR733891 from 27Sep21]

11.3               An employer must pay a casual employee for each ordinary hour worked during periods specified in clause 22Penalty rates the casual penalty rate (inclusive of casual loading) specified in column 3 of Table 6—Penalty rates.

NOTE: The 25% loading for casual employees applies to ordinary hours worked. The casual loading is not payable on overtime worked as specified in clause 21—Overtime.

[11.5 renumbered as 11.4 by PR733891 from 27Sep21]

11.4               The pay period of a casual employee is as determined under clause 17.1Pay period.

11.5               School Students

[11.6 renumbered as 11.5 by PR733891 from 27Sep21]

The minimum engagement period for an employee engaged on a casual basis will be 2 hours if all of the following circumstances apply:

(a)          the employee is a full-time secondary school student; and

(b)         the employee is engaged to work between the hours of 3.00 pm and 6.30 pm on a day on which they are required to attend school; and

(c)          the employee agrees to work, and a parent or guardian of the employee agrees to allow the employee to work, a shorter period than 3 hours; and

(d)         there is at least one employee who is classified at level 3 or higher engaged over the same period to supervise the school student.

11.6               Offers and requests for casual conversion

[11.7 renumbered as 11.6 and renamed and substituted by PR733891 from 27Sep21]

Offers and requests for conversion from casual employment to full-time or part-time employment are provided for in the NES.

NOTE: Disputes about offers and requests for casual conversion under the NES are to be dealt with under clause 31—Dispute resolution.

12.                 Classifications

12.1               An employer must classify an employee covered by this award in accordance with Schedule A—Classification Definitions.

12.2               The classification by the employer must be based on the skill level that the employee is required to exercise in order to carry out the principal functions of the employment.

12.3               Employers must notify employees in writing of their classification and of any change to it.

Part 3—Hours of Work

13.                 Ordinary hours of work

13.1               Ordinary hours may be worked on any day between 7.00 am and midnight.

13.2               Ordinary hours of work are continuous, except for rest breaks and meal breaks as specified in clause 15Breaks.

13.3               The maximum number of ordinary hours that can be worked on any day is 12.

13.4               The maximum number of ordinary hours of work per week for a full-time employee is 38 (or 76 ordinary hours over 2 consecutive weeks).

13.5               The maximum number of ordinary hours of work per week for a part-time employee are as agreed under clause 10Part-time employees.

14.                 Rostering arrangements—full-time and part-time employees

14.1               The following rostering arrangements apply to full-time and part-time employees:

(a)          employees must be rostered to work ordinary hours in such a way that they have:

(i)            2 consecutive days off each week; or

(ii)          3 consecutive days off over 2 consecutive weeks;

(b)         employees must not be rostered to work ordinary hours on more than 5 days in a week;

(c)          despite clause 14.1(b), employees may be rostered to work ordinary hours on 6 days one week if they are rostered to work ordinary hours on no more than 4 days the following week;

(d)         employees must not be rostered to work (whether ordinary hours or overtime) on more than 6 consecutive days;

(e)          employees rostered to work (whether ordinary hours or overtime) on 3 Sundays in a 4 week cycle must be rostered to have 3 consecutive days off in that 4 week cycle, including a Saturday and Sunday.

14.2               Clause 14.1(e) does not apply to a part-time employee who has agreed under clause 10Part-time employees to work Saturday or Sunday (or both) each week and have at least 2 consecutive days off.

14.3               At the written request of the employee, the employer and the employee may agree to rostering arrangements that are different to those in clause 14.

14.4               Different arrangements agreed under clause 14.3 must be recorded in the time and wages record.

14.5               The employee may end an agreement under clause 14.3 at any time by giving the employer 4 weeks’ notice unless the agreement was made under clause 10.4 (Part‑time employees).

14.6               An agreement under clause 14.3 may provide that it ends on a particular day or at the end of a particular period.

14.7               An employee cannot be required, as a condition of employment, to agree to an arrangement under clause 14.3.

15.                 Breaks

15.1               Clause 15 gives an employee an entitlement to meal breaks and rest breaks.

15.2               An employee who works the number of hours on any one day specified in an item of column 1 of Table 2—Entitlements to meal and rest break(s) is entitled to a break or breaks as specified in column 2.

Table 2—Entitlements to meal and rest break(s)

Column 1

Hours worked per day

Column 2

Breaks

At least 4 hours but not more than 5

One 10-minute paid rest break

More than 5 hours but less than 7.6

One 10-minute paid rest break

One 30 to 60-minute unpaid meal break

7.6 hours or more

Two 10-minute paid rest breaks (not to be taken in the first hour of work or in the first hour of resuming work after a meal break)

One 30 to 60-minute unpaid meal break (to be taken within the first 5 hours of work but not before the first 2.5 hours)

   

Part 4—Wages and Allowances

16.                 Minimum rates

[Varied by PR718829, PR729266, PR740687, PR762120]

16.1               Adult rates

[16.1 varied by PR718829, PR729266, PR740687, PR762120 ppc 01Jul23]

An employer must pay an employee the minimum hourly rate specified in column 3 (or for a full-time employee the minimum weekly rate specified in column 2) in accordance with the employee classification specified in column 1 of Table 3—Minimum rates.

NOTE 1: Provisions for calculating rates for an employee who is classified as a pharmacy assistant and aged under 21 years are at clause 16.2—Junior rates (pharmacy assistants levels 1 and 2 only).

Table 3—Minimum rates

Column 1

Employee classification

Column 2

Minimum weekly rate

(full-time employee)

Column 3

Minimum hourly rate

 

$

$

Pharmacy assistant level 1

939.60

24.73

Pharmacy assistant level 2

961.10

25.29

Pharmacy assistant level 3

995.00

26.18

Pharmacy assistant level 4

1035.90

27.26

Pharmacy student—1st year of course

939.60

24.73

Pharmacy student—2nd year of course

961.10

25.29

Pharmacy student—3rd year of course

995.00

26.18

Pharmacy student—4th year of course

1035.90

27.26

Pharmacy intern—1st half of training

1049.60

27.62

Pharmacy intern—2nd half of training

1085.40

28.56

Pharmacist

1289.30

33.93

Experienced pharmacist

1412.10

37.16

Pharmacist in charge

1445.40

38.04

Pharmacist manager

1610.60

42.38

NOTE 2: Provisions for calculating minimum hourly rates for casual employees are at clause 11—Casual employees. Overtime rates are specified in clause 21—Overtime and penalty rates are specified in clause 22—Penalty rates.

NOTE 3: Schedule B—Summary of Minimum Hourly Rates of Pay contains a summary of minimum hourly rates of pay including casual, overtime and penalty rates.

16.2               Junior rates (pharmacy assistants levels 1 and 2 only)

An employer must pay an employee, who is classified as a pharmacy assistant level 1 or level 2 and aged as specified in column 1 of Table 4—Junior rates (pharmacy assistants levels 1 and 2 only), at least at the percentage specified in column 2 of the minimum rate that would otherwise be applicable under Table 3—Minimum rates:

Table 4—Junior rates (pharmacy assistants levels 1 and 2 only)

Column 1

Age

Column 2

% of minimum rate

Under 16 years of age

45%

16 years of age

50%

17 years of age

60%

18 years of age

70%

19 years of age

80%

20 years of age

90%

16.3               Pharmacy students

The following applies for determining which year of a course a pharmacy student is in for the purpose of Table 3—Minimum rates:

(a)          a year of a course begins on the first day of the relevant academic term; and

(b)         a pharmacy student in the first year of a Master of Pharmacy course is treated as being in the 3rd year of a course; and

(c)          progress through the pharmacy student classification rates is in line with progress through a course; and

(d)         progress through a course for the purpose of clause 16.3(c) is determined by completing and passing all subjects for a year of a course.

NOTE: A pharmacy student can progress to the next pharmacy student classification rate in less than one year if all subjects for a year of a course are completed and passed in less than one year. A pharmacy student remains at the wage specified for a year of a course until all the required subjects are completed and passed.

16.4               Supported wage system

For employees who, because of the effects of a disability, are eligible for a supported wage, see Schedule D—Supported Wage System.

16.5               National training wage

(a)          Schedule E to the Miscellaneous Award 2020 sets out minimum wage rates and conditions for employees undertaking traineeships.

[16.5(b) varied by PR723827, PR729266, PR740687, PR762120 ppc 01Jul23]

(b)         This award incorporates the terms of Schedule E to the Miscellaneous Award 2020 as at 1 July 2023. For that purpose, any reference to “this award” in Schedule E to the Miscellaneous Award 2020 is to be read as referring to the Pharmacy Industry Award 2020 and not to the Miscellaneous Award 2020.

[16.5(c) inserted by PR718829; deleted by PR723827 ppc 01Nov20]

17.                 Payment of wages

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

17.1               Pay period

(a)          The employer may determine the pay period of an employee as being either weekly or fortnightly.

(b)         Wages must be paid for a pay period according to the number of hours worked by the employee in the period.

NOTE: Hours of work may be measured over 2 consecutive weeks.

17.2               Pay day

(a)          Wages must be paid on a regular pay day no later than 4 days after the end of the pay period.

(b)         Employers must notify employees in writing about which day is the regular pay day.

(c)          The regular pay day of an employee may only be changed by the employer giving the employee 4 weeks’ written notice.

17.3               Payment on termination of employment

(a)          The employer must pay an employee no later than 7 days after the day on which the employee’s employment terminates:

(i)            the employee’s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and

(ii)          all other amounts that are due to the employee under this award and the NES.

(b)         The requirement to pay wages and other amounts under clause 17.3(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.

NOTE 1: Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid” to the employee payment instead of giving notice.

NOTE 2: Clause 17.3(b) allows the Commission to make an order delaying the requirement to make a payment under clause 17.3. For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.

NOTE 3: State and Territory long service leave laws or long service leave entitlements under section 113 of the Act, may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.

18.                 Annualised wage arrangements—pharmacist and pharmacy assistant level 4

18.1               This clause applies to a pharmacist or a pharmacy assistant level 4.

18.2               Annualised wage instead of award provisions

(a)          An employer and a full-time employee may enter into a written agreement for the employee to be paid an annualised wage in satisfaction, subject to clause 18.2(c), of any or all of the following provisions of the award:

(i)            clause 16—Minimum rates;

(ii)          clause 19.2—Home medicine reviews and residential medication management reviews;

(iii)        clause 19.3—Meal allowances;

(iv)        clause 19.4—On-premise meal allowance;

(v)          clause 21—Overtime;

(vi)        clause 22—Penalty rates;

(vii)      clause 23.3—Annual leave loading; and

(viii)    clause 28—Public holidays.

(b)         Where a written agreement for an annualised wage agreement is entered into, the agreement must specify:

(i)            the annualised wage that is payable;

(ii)          which of the provisions of this award will be satisfied by payment of the annualised wage;

(iii)        the method by which the annualised wage has been calculated, including specification of each separate component of the annualised wage and any overtime or penalty assumptions used in the calculation; and

(iv)        the outer limit number of ordinary hours which would attract the payment of a penalty rate under the award and the outer limit number of overtime hours which the employee may be required to work in a pay period or roster cycle without being entitled to an amount in excess of the annualised wage in accordance with clause 18.2(c).

(c)          If in a pay period or roster cycle an employee works any hours in excess of either of the outer limit amounts specified in the agreement pursuant to clause 18.2(b)(iv), such hours will not be covered by the annualised wage and must separately be paid for in accordance with the applicable provisions of this award.

(d)         The employer must give the employee a copy of the agreement and keep the agreement as a time and wages record.

(e)          The agreement may be terminated:

(i)            by the employer or the employee giving 12 months’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or 

(ii)          at any time, by written agreement between the employer and the individual employee.

18.3               Annualised wage not to disadvantage employees

(a)          The annualised wage must be no less than the amount the employee would have received under this award for the work performed over the year for which the wage is paid (or if the employment ceases or the agreement terminates earlier, over such lesser period as has been worked).

(b)         The employer must each 12 months from the commencement of the annualised wage arrangement or, within any 12 month period upon the termination of employment of the employee or termination of the agreement, calculate the amount of remuneration that would have been payable to the employee under the provisions of this award over the relevant period and compare it to the amount of the annualised wage actually paid to the employee. Where the latter amount is less than the former amount, the employer shall pay the employee the amount of the shortfall within 14 days.

(c)          The employer must keep a record of the starting and finishing times of work, and any unpaid breaks taken, of each employee subject to an annualised wage arrangement agreement for the purpose of undertaking the comparison required by clause 18.3(b). This record must be signed by the employee, or acknowledged as correct in writing (including by electronic means) by the employee, each pay period or roster cycle.

18.4               Base rate of pay for employees on annualised wage arrangements 

For the purposes of the NES, the base rate of pay of an employee receiving an annualised wage under this clause comprises the portion of the annualised wage equivalent to the relevant rate of pay in clause 16—Minimum rates and excludes any incentive-based payments, bonuses, loadings, monetary allowances, overtime and penalties.

19.                 Allowances

[Varied by PR718829, PR718984, PR729266, PR729451, PR740687, PR740859, PR762120, PR762284]

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

19.1               Clause 19 gives employees an entitlement to monetary allowances of specified kinds in specified circumstances.

NOTE: Schedule C—Summary of Monetary Allowances contains a summary of monetary allowances and methods of adjustment.

19.2               Home medicine reviews and residential medication management reviews

An employee classified as a Pharmacist, Experienced Pharmacist, Pharmacist in Charge or Pharmacist Manager who is required by the employer to perform home medicine reviews or residential medication management reviews shall be paid an additional allowance of $106.40 per week.

19.3               Meal allowances

(a)          Clause 19.3 applies to an employee to whom all of the following apply:

(i)            the employee has worked 6 or more ordinary hours on any day; and

(ii)          the employee is required to work on that day, overtime, or more than 1.5 hours beyond the time at which the employee ordinarily finishes work for the day, unless the hours worked were agreed under clause 10Part-time employees; and

(iii)        the employee was not advised of the requirement mentioned in clause 19.3(a)(ii) on or before the previous day; and

(iv)        the employee cannot reasonably return home for a meal within the period of the meal break.

(b)         The employer must:

[19.3(b)(i) varied by PR718984, PR729451, PR740859, PR762284 ppc 01Jul23]

(i)            pay the employee a meal allowance of $21.71; or

(ii)          supply the employee with an adequate meal.

[19.3(c) varied by PR718984, PR729451, PR740859, PR762284 ppc 01Jul23]

(c)          If the number of hours worked under a requirement mentioned in clause 19.3(a)(ii) exceeds 4, the employer must pay the employee a further meal allowance of $19.46.

19.4               On-premise meal allowance

(a)          Clause 19.4 applies to a pharmacist who is required to take a meal break on the premises so as to attend to urgent matters requiring the involvement of a pharmacist.

(b)         The employer must pay the pharmacist at the penalty rate for the period of the meal break, regardless of other penalty rates to which the pharmacist is entitled.

(c)          In clause 19.4(b), the penalty rate means 150% of the minimum hourly rate of the pharmacist. See column 2 of Table 3—Minimum rates.

19.5               Clothing allowance

(a)          The employer must reimburse an employee who is required to wear special clothing, such as a uniform or protective clothing, for the cost of purchasing any such clothing (including purchasing replacement clothing due to normal wear and tear) that is not supplied or paid for by the employer.

(b)         If special clothing that is required to be worn by an employee needs to be laundered, the employer must undertake the laundering at no cost to the employee or pay the employee an allowance of:

(i)            $6.25 each week for a full-time employee; or

(ii)          $1.25 each shift for a part-time or casual employee.

19.6               Moving expenses

(a)          Clause 19.6 applies if an employer transfers an employee from one township to another and, as a consequence, the employee moves residence.

(b)         The employer must pay the total cost (including fares and other transport charges) of moving the employee and member(s) of the employee’s immediate family who reside in the employee’s household.

19.7               Motor vehicle allowance

[19.7 varied by PR718984, PR740859, PR762284 ppc 01Jul23]

If an employer requests an employee to use their own motor vehicle in performing their duties, the employer must pay the employee an allowance of $0.96 for each kilometre travelled.

19.8               Transport reimbursement

(a)          Clause 19.8 applies to an employee to whom all of the following apply:

(i)            the employee starts work before 7.00 am or starts or finishes work after 10.00 pm; and

(ii)          the employee’s regular means of transport is not available; and

(iii)        the employee is unable to arrange their own alternative means of transport; and

(iv)        a proper means of transport to or from the employee’s usual place of residence is not provided to, or arranged for, the employee by the employer at no cost to the employee.

(b)         The employer must reimburse the employee the cost they reasonably incurred in taking a commercial passenger vehicle from the employee’s usual place of residence to the place of employment or from the place of employment to the employee’s usual place of residence, whichever is applicable.

19.9               Broken Hill allowance

[19.9 varied by PR718829, PR729266, PR740687, PR762120 ppc 01Jul23]

The employer must pay an employee at a workplace within the County of Yancowinna in New South Wales (Broken Hill) an allowance of $42.59 per week.

20.                 Superannuation

[Varied by PR771265]

20.1               Superannuation legislation

[20.1 substituted by PR771265 ppc 09Apr24]

(a)          The NES and Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deal with the superannuation rights and obligations of employers and employees.

(b)         The rights and obligations in clause 20 supplement those in superannuation legislation and the NES.

NOTE: Under superannuation legislation:

(a) Individual employees generally have the opportunity to choose their own superannuation fund.

(b) If a new employee does not choose a superannuation fund, the employer must ask the Australian Taxation Office (ATO) whether the employee is an existing member of a stapled superannuation fund and, if stapled fund details are provided by the ATO, make contributions to the stapled fund.

(c) If an employee does not choose a superannuation fund and does not have a stapled fund, the choice of superannuation fund requirements will be satisfied by contributions made to a superannuation fund nominated in the award covering the employee, provided the fund is able to accept contributions for the benefit of the employee.

(d) A fund may not be able to accept contributions for the benefit of an employee if the employee would be a new member of the fund’s MySuper product and the MySuper product is closed to new members because it has failed the performance tests of Australian Prudential Regulation Authority (APRA) for 2 consecutive years.

20.2               Employer contributions

An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.

20.3               Voluntary employee contributions

(a)          Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 20.2.

(b)         An employee may adjust the amount the employee has authorised their employer to pay from the wages of the employee from the first of the month following the giving of three months’ written notice to their employer.

(c)          The employer must pay the amount authorised under clauses 20.3(a) or 20.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 20.3(a) or 20.3(b) was made.

20.4               Superannuation fund

[20.4 varied by PR771265 ppc 09Apr24]

Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 20.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 20.2 and pay any amount authorised under clauses 20.3(a) or 20.3(b) to one of the following superannuation funds or its successor, provided that, in respect of new employees, the fund is able to accept new beneficiaries:

(a)          Retail Employees Superannuation Trust (REST);

(b)         Guildsuper;

(c)          any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme; or

(d)         a superannuation fund or scheme which the employee is a defined benefit member of.

20.5               Absence from work

Subject to the governing rules of the relevant superannuation fund, the employer must also make the superannuation contributions provided for in clause 20.2 and pay the amount authorised under clauses 20.3(a) or 20.3(b).

(a)          Paid leave—while the employee is on any paid leave.

(b)         Work-related injury or illness—For the period of absence from work (subject to a maximum of 52 weeks) of the employee due to work-related injury or work-related illness provided that:

(i)            the employee is receiving workers compensation payments or is receiving regular payments directly from the employer in accordance with the statutory requirements; and

(ii)          the employee remains employed by the employer.

Part 5—Overtime and Penalty Rates

21.                 Overtime

[Varied by PR763206]

21.1               Reasonable overtime

(a)          Subject to section 62 of the Act and clause 21.1, an employer may require an employee to work reasonable overtime hours at overtime rates.

(b)         An employee may refuse to work overtime hours if they are unreasonable.

(c)          In determining whether overtime hours are reasonable or unreasonable for the purpose of clause 21.1 the following must be taken into account:

(i)            any risk to employee health and safety from working the additional hours;

(ii)          the employee's personal circumstances, including family responsibilities;

(iii)        the needs of the workplace or enterprise in which the employee is employed;

(iv)        whether the employee is entitled to receive overtime payments, penalty rates or other compensation for, or a level of remuneration that reflects an expectation of, working additional hours;

(v)          any notice given by the employer of any request or requirement to work the additional hours;

(vi)        any notice given by the employee of his or her intention to refuse to work the additional hours;

(vii)      the usual patterns of work in the industry, or the part of an industry, in which the employee works;

(viii)    the nature of the employee's role, and the employee's level of responsibility;

(ix)         whether the additional hours are in accordance with averaging terms in this award inserted pursuant to section 63 of the Act, that applies to the employee; and

(x)           any other relevant matter.

21.2               Application of overtime

An employer must pay an employee at the overtime rate, as specified in clause 21.4, for any hours worked at the direction of the employer:

(a)          in excess of 38 hours per week (or 76 ordinary hours over 2 consecutive weeks); or

(b)         in excess of 12 hours on any day as specified in clause 13.3 (Ordinary hours of work); or

(c)          that are not continuous, except for rest breaks and meal breaks to which the employee is entitled under clause 15—Breaks; or

(d)         between midnight and 7.00 am; or

(e)          outside the rostering arrangements specified in clause 14—Rostering arrangements—full-time and part-time employees.

21.3               An employer must pay a part-time employee at the overtime rate for each hour worked in excess of the number of hours that the employee has agreed to work under clauses 10.4 and 10.12 (Part-time employees).

21.4               Payment of overtime

(a)          An employer must pay an employee for all overtime worked as prescribed in clause 21.2 and 21.3 the overtime rate specified in column 2 of Table 5—Overtime rates in accordance with when the overtime was worked as specified in column 1 of that table.

(b)         The overtime rate specified in column 2 of Table 5—Overtime rates must be applied to the applicable minimum hourly rate for the employee classification in accordance with clause 16—Minimum rates.

Table 5—Overtime rates

Column 1

For overtime worked on

Column 2

Overtime rate
% of minimum hourly rate

Monday to Saturday—first 2 hours

150%

Monday to Saturday—after 2 hours

200%

Sunday—all day

200%

Public holiday—all day

250%

NOTE: Schedule B—Summary of Minimum Hourly Rates of Pay sets out the minimum hourly overtime rate for all employee classifications according to when overtime is worked.

(c)          Casual loading is not payable on overtime worked by a casual employee.

21.5               Time off instead of payment for overtime

(a)          An employee and employer may agree to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.

(b)         The period of time off that an employee is entitled to take is equivalent to the overtime payment that would have been made.

EXAMPLE: By making an agreement under clause 21.5 an employee who worked 2 overtime hours at the rate of time and a half is entitled to 3 hours’ time off.

(c)          Time off must be taken:

(i)            within the period of 6 months after the overtime is worked; and

(ii)          at a time or times within that period of 6 months agreed by the employee and employer.

(d)         If the employee requests at any time, to be paid for overtime covered by an agreement under clause 21.5 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.

(e)          If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 21.5(c), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.

(f)           An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make, or not make, an agreement to take time off instead of payment for overtime.

(g)          An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 21.5 will apply, in relation to overtime that has been worked.

[Note varied by PR763206 ppc 01Aug23]

NOTE: If an employee makes a request under section 65 of the Act for a change in working arrangements, the employer may only refuse that request on reasonable business grounds (see section 65A(3) of the Act).

(h)         If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 21.5 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

NOTE: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 21.5.

22.                 Penalty rates

22.1               Clause 22 sets out penalty rates for ordinary hours worked at specified times or on specified days.

NOTE: Clause 21—Overtime prescribes overtime rates for hours worked in excess of, or outside, ordinary hours.

22.2               Penalty rates are not cumulative on overtime rates.

22.3               Payment of penalty rates

(a)          An employer must pay a full-time or part-time employee in accordance with column 2 of Table 6—Penalty rates, and a casual employee in accordance with column 3 of that table, for hours worked by the employee during a period specified in column 1 of that table.

(b)         The penalty rate specified in column 2 or 3 of Table 6—Penalty rates must be applied to the applicable minimum hourly rate for the employee classification in accordance with clause 16—Minimum rates.

NOTE 1: Table 3—Minimum rates shows the minimum hourly rate applicable under clause 16Minimum rates. If an employee is classified as a pharmacy assistant and aged under 21, see also clause 16.2—Junior rates (pharmacy assistants levels 1 and 2 only).

Table 6—Penalty rates

Column 1

For hours worked on

Column 2

Full-time and part‑time penalty rate

% of minimum hourly rate

Column 3

Casual penalty rate (inclusive of casual loading)

% of minimum hourly rate

Monday to Friday

Between 7.00 am and 8.00 am

150%

175%

Between 7.00 pm and 9.00 pm

125%

150%

Between 9.00 pm and midnight

150%

175%

Saturday

Between 7.00 am and 8.00 am

200%

225%

Between 8.00 am and 6.00 pm

125%

150%

Between 6.00 pm and 9.00 pm

150%

175%

Between 9.00 pm and midnight

175%

200%

Sunday

Between 7.00 am and 9.00 pm
(1 July 2019 to 30 June 2020)

165%

190%

Between 7.00 am and 9.00 pm
(From 1 July 2020)

150%

175%

Sunday

Before 7.00 am and after 9.00 pm

200%

225%

Public holidays—all day

225%

250%

NOTE 2: Schedule B—Summary of Minimum Hourly Rates of Pay sets out the minimum hourly penalty rate for all employee classifications.

Part 6—Leave and Public Holidays

23.                 Annual leave

NOTE: Where an employee is receiving over-award payments such that the employee’s base rate of pay is higher than the rate specified under this award, the employee is entitled to receive the higher rate while on a period of paid annual leave (see sections 16 and 90 of the Act).

23.1               Annual leave is provided for in the NES.

23.2               Additional leave for certain shiftworkers

A shiftworker, for the purposes of the NES, is an employee who is a 7 day shiftworker who is regularly rostered to work on Sundays and public holidays in a business in which shifts are continuously rostered 24 hours a day for 7 days a week.

23.3               Annual leave loading

(a)          During a period of annual leave an employee will receive a loading calculated on the rate prescribed in clause 16—Minimum rates of this award in addition to their minimum rate of pay. Annual leave loading payment is payable on leave accrued.

(b)         The loading will be as follows:

(i)            Day work

Employees who would have worked on day work only had they not been on leave—17.5% or the relevant weekend penalty rates, whichever is the greater but not both.

(ii)          Shiftwork

Employees who would have worked on shiftwork had they not been on leave—17.5% or the shift loading (including relevant weekend penalty rates) whichever is the greater but not both.

23.4               Annual leave in advance

(a)          An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.

(b)         An agreement must:

(i)            state the amount of leave to be taken in advance and the date on which leave is to commence; and

(ii)          be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

NOTE: An example of the type of agreement required by clause 23.4 is set out at Schedule E—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule E—Agreement to Take Annual Leave in Advance.

(c)          The employer must keep a copy of any agreement under clause 23.4 as an employee record.

(d)         If, on the termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 23.4, the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

23.5               Cashing out of annual leave

(a)          Paid annual leave must not be cashed out except in accordance with an agreement under clause 23.5.

(b)         Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 23.5.

(c)          An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.

(d)         An agreement under clause 23.5 must state:

(i)            the amount of leave to be cashed out and the payment to be made to the employee for it; and

(ii)          the date on which the payment is to be made.

(e)          An agreement under clause 23.5 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

(f)           The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.

(g)          An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.

(h)         The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.

(i)            The employer must keep a copy of any agreement under clause 23.5 as an employee record.

NOTE 1: Under section 344 of the Act, an employer must not exert undue influence or undue pressure on an employee to make, or not make, an agreement under clause 23.5.

NOTE 2: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 23.5.

NOTE 3: An example of the type of agreement required by clause 23.5 is set out at Schedule F—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out Schedule F—Agreement to Cash Out Annual Leave.

23.6               Excessive leave accruals: general provision

NOTE: Clauses 23.6 to 23.8 contain provisions, additional to the NES, about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2-2, Division 6 of the Act.

(a)          An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’ paid annual leave (or 10 weeks’ paid annual leave for a shiftworker, as defined by clause 23.2).

(b)         If an employee has an excessive leave accrual, the employer or the employee may seek to confer with the other and genuinely try to reach agreement on how to reduce or eliminate the excessive leave accrual.

(c)          Clause 23.7 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

(d)         Clause 23.8 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

23.7               Excessive leave accruals: direction by employer that leave be taken

(a)          If an employer has genuinely tried to reach agreement with an employee under clause 23.6(b) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave.

(b)         However, a direction by the employer under clause 23.7(a):

(i)            is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 23.6, 23.7 or 23.8 or otherwise agreed by the employer and employee) are taken into account; and

(ii)          must not require the employee to take any period of paid annual leave of less than one week; and

(iii)        must not require the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the direction is given; and

(iv)        must not be inconsistent with any leave arrangement agreed by the employer and employee.

(c)          The employee must take paid annual leave in accordance with a direction under clause 23.7(a) that is in effect.

(d)         An employee to whom a direction has been given under clause 23.7(a) may request to take a period of paid annual leave as if the direction had not been given.

NOTE 1: Paid annual leave arising from a request mentioned in clause 23.7(d) may result in the direction ceasing to have effect. See clause 23.7(b)(i).

NOTE 2: Under section 88(2) of the Act, the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.

23.8               Excessive leave accruals: request by employee for leave

(a)          If an employee has genuinely tried to reach agreement with an employer under clause 23.6(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.

(b)         However, an employee may only give a notice to the employer under clause 23.8(a) if:

(i)            the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice; and

(ii)          the employee has not been given a direction under clause 23.7(a) that, when any other paid annual leave arrangements (whether made under clause 23.6, 23.7 or 23.8 or otherwise agreed by the employer and employee) are taken into account, would eliminate the employee’s excessive leave accrual.

(c)          A notice given by an employee under clause 23.8(a) must not:

(i)            if granted, result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 23.6, 23.7 or 23.8 or otherwise agreed by the employer and employee) are taken into account; or

(ii)          provide for the employee to take any period of paid annual leave of less than one week; or

(iii)        provide for the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the notice is given; or

(iv)        be inconsistent with any leave arrangement agreed by the employer and employee.

(d)         An employee is not entitled to request by a notice under clause 23.8(a) more than 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker, as defined by clause 23.2) in any period of 12 months.

(e)          The employer must grant paid annual leave requested by a notice under clause 23.8(a).

24.                 Personal/carer’s leave and compassionate leave

24.1               Personal/carer’s leave and compassionate leave are provided for in the NES.

24.2               Evidence requirements

(a)          For the purposes of section 107(3) of the Act, an employee is entitled to one day’s absence per year for leave of the kind in section 97(a) of the Act (unfit for work because of personal illness or injury) without being required to provide a statutory declaration as to the reasons for the absence.

(b)         Where any absence exceeds 3 consecutive days, the employer may require the production of a medical certificate from a legally qualified medical practitioner.

24.3               Casual employees

(a)          A casual employee is entitled to be unavailable for work or to leave work to care for a person who requires care or support because of:

(i)            illness or an injury; or

(ii)          an emergency.

(b)         48 hours’ absence is allowed by right, with additional absence by agreement.

(c)          The employer must not fail to re-engage a casual employee because the employee has accessed the entitlement under clause 24.3.

(d)         Casual employees are not entitled to paid leave under clause 24.1.

25.                 Parental leave and related entitlements

[25 varied by PR763206 ppc 01Aug23]

Parental leave and related entitlements are provided for in the NES.

NOTE: Disputes about requests for extensions to unpaid parental leave may be dealt with under clause 31—Dispute resolution and/or under section 76B of the Act.

26.                 Community service leave

Community service leave entitlements are provided for in the NES.

27.                 Family and domestic violence leave

[27—Unpaid family and domestic violence leave renamed and substituted by PR750519 ppc 15Mar23]

Family and domestic violence leave is provided for in the NES.

NOTE 1: Information provided to employers concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers are subject to confidentiality requirements regarding the handling of this information under section 106C of the Act and requirements as to what can be reported on payslips pursuant to regulations 3.47 and 3.48 of the Fair Work Regulations.

NOTE 2: Depending upon the circumstances, evidence that would satisfy a reasonable person of the employee’s need to take family and domestic violence leave may include a document issued by the police service, a court or family violence support service, or a statutory declaration.

28.                 Public holidays

[Varied by PR747337]

28.1               Public holiday entitlements are provided for in the NES.

28.2               Where an employee works on a public holiday they will be paid in accordance with clause 22.3Payment of penalty rates.

NOTE: Schedule B—Summary of Minimum Hourly Rates of Pay sets out the minimum hourly penalty rate for all employee classifications.

28.3               Substitution of public holidays by agreement

(a)          An employer and employee may agree to substitute another day for a day that would otherwise by a public holiday under the NES.

(b)         An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.

[28.4 deleted by PR747337 ppc 14Nov22]

Part 7—Consultation and Dispute Resolution

29.                 Consultation about major workplace change

29.1               If an employer makes a definite decision to make major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must:

(a)          give notice of the changes to all employees who may be affected by them and their representatives (if any); and

(b)         discuss with affected employees and their representatives (if any):

(i)            the introduction of the changes; and

(ii)          their likely effect on employees; and

(iii)        measures to avoid or reduce the adverse effects of the changes on employees; and

(c)          commence discussions as soon as practicable after a definite decision has been made.

29.2               For the purposes of the discussion under clause 29.1(b), the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:

(a)          their nature; and

(b)         their expected effect on employees; and

(c)          any other matters likely to affect employees.

29.3               Clause 29.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.

29.4               The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 29.1(b).

29.5               In clause 29 significant effects, on employees, includes any of the following:

(a)          termination of employment; or

(b)         major changes in the composition, operation or size of the employer’s workforce or in the skills required; or

(c)          loss of, or reduction in, job or promotion opportunities; or

(d)         loss of, or reduction in, job tenure; or

(e)          alteration of hours of work; or

(f)           the need for employees to be retrained or transferred to other work or locations; or

(g)          job restructuring.

29.6               Where this award makes provision for alteration of any of the matters defined at clause 29.5, such alteration is taken not to have significant effect.

30.                 Consultation about changes to rosters or hours of work

30.1               Clause 30 applies if an employer proposes to change the regular roster or ordinary hours of work of an employee, other than an employee whose working hours are irregular, sporadic or unpredictable.

30.2               The employer must consult with any employees affected by the proposed change and their representatives (if any).

30.3               For the purpose of the consultation, the employer must:

(a)          provide to the employees and representatives mentioned in clause 30.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and

(b)         invite the employees to give their views about the impact of the proposed change on them (including any impact on their family or caring responsibilities) and also invite their representative (if any) to give their views about that impact.

30.4               The employer must consider any views given under clause 30.3(b).

30.5               Clause 30 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.

31.                 Dispute resolution

[Varied by PR763206]

31.1               Clause 31 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.

31.2               The parties to the dispute must first try to resolve the dispute at the workplace through discussion between the employee or employees concerned and the relevant supervisor.

31.3               If the dispute is not resolved through discussion as mentioned in clause 31.2, the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management, as appropriate.

31.4               If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 31.2 and 31.3, a party to the dispute may refer it to the Fair Work Commission.

31.5               The parties may agree on the process to be followed by the Fair Work Commission in dealing with the dispute, including mediation, conciliation and consent arbitration.

31.6               If the dispute remains unresolved, the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute.

31.7               A party to the dispute may appoint a person, organisation or association to support and/or represent them in any discussion or process under clause 31.

31.8               While procedures are being followed under clause 31 in relation to a dispute:

(a)          work must continue in accordance with this award and the Act; and

(b)         an employee must not unreasonably fail to comply with any direction given by the employer about performing work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.

31.9               Clause 31.8 is subject to any applicable work health and safety legislation.

[Note 1 inserted by PR763206 ppc 01Aug23]

NOTE 1: In addition to clause 31, a dispute resolution procedure for disputes regarding the NES entitlement to request flexible working arrangements is contained in section 65B of the Act.

[Note 2 inserted by PR763206 ppc 01Aug23]

NOTE 2: In addition to clause 31, a dispute resolution procedure for disputes regarding the NES entitlement to request an extension to unpaid parental leave is contained in section 76B of the Act.

Part 8—Termination of employment and Redundancy

32.                 Termination of employment

NOTE: The NES sets out requirements for notice of termination by an employer. See sections 117 and 123 of the Act.

32.1               Notice of termination by an employee

(a)          Clause 32 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.

(b)         An employee must give the employer notice of termination in accordance with Table 7—Period of notice

(c)          of at least the period specified in column 2 according to the period of continuous service of the employee specified in column 1.

Table 7—Period of notice

Column 1

Employee’s period of continuous service with the employer at the end of the day the notice is given

Column 2

Period of notice

Not more than 1 year

1 week

More than 1 year but not more than 3 years

2 weeks

More than 3 years but not more than 5 years

3 weeks

More than 5 years

4 weeks

NOTE: The notice of termination required to be given by an employee is the same as that required of an employer except that the employee does not have to give additional notice based on the age of the employee if the employee is over 45 years and has completed at least 2 years’ continuous service.

(d)         In clause 32.1(b) continuous service has the same meaning as in section 117 of the Act.

(e)          If an employee who is at least 18 years old does not give the period of notice required under clause 32.1(b), then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.

(f)           If the employer has agreed to a shorter period of notice than that required under clause 32.1(b), then no deduction can be made under clause 32.1(e).

(g)          Any deduction made under clause 32.1(e) must not be unreasonable in the circumstances.

32.2               Job search entitlement

(a)          Where an employer has given notice of termination to an employee, the employee must be allowed time off without loss of pay of up to one day for the purpose of seeking other employment.

(b)         The time off under clause 32.2 is to be taken at times that are convenient to the employee after consultation with the employer.

33.                 Redundancy

NOTE: Redundancy pay is provided for in the NES. See sections 119 to 123 of the Act.

33.1               Transfer to lower paid duties on redundancy

(a)          Clause 33.1 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.

(b)         The employer may:

(i)            give the employee notice of the transfer of at least the same length as the employee would be entitled to under section 117 of the Act as if it were a notice of termination given by the employer; or

(ii)          transfer the employee to the new duties without giving notice of transfer or before the expiry of a notice of transfer, provided that the employer pays the employee as set out in clause 33.1(c).

(c)          If the employer acts as mentioned in clause 33.1(b)(ii), the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role, and the ordinary rate of pay (also inclusive of all-purpose allowances and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.

33.2               Employee leaving during redundancy notice period

(a)          An employee given notice of termination in circumstances of redundancy may terminate their employment during the minimum period of notice prescribed by section 117(3) of the Act.

(b)         The employee is entitled to receive the benefits and payments they would have received under clause 33 or under sections 119 to 123 of the Act had they remained in employment until the expiry of the notice.

(c)          However, the employee is not entitled to be paid for any part of the period of notice remaining after the employee ceased to be employed.

33.3               Job search entitlement

(a)          Where an employer has given notice of termination to an employee in circumstances of redundancy, the employee must be allowed time off without loss of pay of up to one day each week of the minimum period of notice prescribed by section 117(3) of the Act for the purpose of seeking other employment.

(b)         If an employee is allowed time off without loss of pay of more than one day under clause 33.3(a), the employee must, at the request of the employer, produce proof of attendance at an interview.

(c)          A statutory declaration is sufficient for the purpose of clause 33.3(b).

(d)         An employee who fails to produce proof when required under clause 33.3(b) is not entitled to be paid for the time off.

(e)          This entitlement applies instead of clause 32.2.


 

Schedule AClassification Definitions

A.1                  Pharmacy assistant level 1 is an employee working as a pharmacy assistant in a community pharmacy who has not acquired the competencies required to hold a qualification in Community Pharmacy and is not covered by any other classification in this Schedule.

A.2                  Pharmacy assistant level 2 is an employee who has acquired the competencies required to be the holder of a Certificate II in Community Pharmacy, as determined by the National Quality Council or a successor body.

A.3                  Pharmacy assistant level 3/Dispensary assistant level 3 is an employee who has acquired the competencies required to be the holder of a Certificate III in Community Pharmacy, as determined by the National Quality Council or a successor body, and who is required by the employer to work at this level.

A pharmacy assistant/dispensary assistant level 3 may be required by the employer to:

(a)          supervise pharmacy assistants levels 1 or 2; or

(b)          perform the duties of a dispensary assistant, that is:

(i)            work in the dispensary performing dispensing duties under the direct supervision of a pharmacist; or

(ii)          work in a compounding lab or compounding section of a community pharmacy assisting with extemporaneous preparations as the major part of their duties.

A.4                  Pharmacy assistant level 4 is an employee who has acquired the competencies required to be the holder of a Certificate IV in Community Pharmacy, as determined by the National Quality Council or a successor body, and who is required by the employer to work at this level.

A pharmacy assistant level 4 may be required by the employer to supervise pharmacy assistants levels 1, 2 or 3.

A.5                  Pharmacy student is an employee who is undertaking training as part of an approved program of study, as defined by the Health Practitioner Regulation National Law.

A.6                  Pharmacy intern is an employee who has satisfied the examination requirements of an accredited program of study, as defined by the Health Practitioner Regulation National Law, and who is undertaking clinical training.

A.7                  Pharmacist is an employee registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student).

A.8                  Experienced pharmacist is an employee who is a pharmacist with at least 4 years full-time experience (or the part-time equivalent) in a community pharmacy.

A.9                  Pharmacist in charge is an employee who is a pharmacist who assumes responsibility for the day to day supervision and functioning of the community pharmacy.

A.10              Pharmacist manager is an employee who is a pharmacist who is responsible to the owner of the community pharmacy for all aspects of the business.


 

Schedule BSummary of Minimum Hourly Rates of Pay

[Varied by PR718829, PR729266, PR740687, PR762120]

See also Part 4—Wages and Allowances and Part 5—Overtime and Penalty Rates

B.1                Full-time and part-time adult employees

B.1.1            Full-time and part-time adult employees—penalty rates for Monday to Friday

[B.1.1 varied by PR718829, PR729266, PR740687, PR762120 ppc 01Jul23]

 

Ordinary hours Monday to Friday

 

Between 8.00 am and 7.00 pm

Between 7.00 am and 8.00 am

Between 7.00 pm and 9.00 pm

Between 9.00 pm and midnight

 

% of minimum hourly rate

 

100%

150%

125%

150%

 

$

$

$

$

Pharmacy assistant level 1

24.73

37.10

30.91

37.10

Pharmacy assistant level 2

25.29

37.94

31.61

37.94

Pharmacy assistant level 3

26.18

39.27

32.73

39.27

Pharmacy assistant level 4

27.26

40.89

34.08

40.89

Pharmacy student—1st year of course

24.73

37.10

30.91

37.10

Pharmacy student—2nd year of course

25.29

37.94

31.61

37.94

Pharmacy student—3rd year of course

26.18

39.27

32.73

39.27

Pharmacy student—4th year of course

27.26

40.89

34.08

40.89

Pharmacy intern—1st half of training

27.62

41.43

34.53

41.43

Pharmacy intern—2nd half of training

28.56

42.84

35.70

42.84

Pharmacist

33.93

50.90

42.41

50.90

Experienced pharmacist

37.16

55.74

46.45

55.74

Pharmacist in charge

38.04

57.06

47.55

57.06

Pharmacist manager

42.38

63.57

52.98

63.57

B.1.2             Full-time and part-time adult employees—penalty rates for Saturday, Sunday and public holidays

[B.1.2 varied by PR718829, PR729266, PR740687, PR762120 ppc 01Jul23]

 

Saturday

Sunday

Public holidays

All day

Between 8.00 am and 6.00 pm

Between 7.00 am and 8.00 am

Between 6.00 pm and 9.00 pm

Between 9.00 pm and midnight

Before 7.00 am and after 9.00 pm

Between 7.00 am and 9.00 pm

 

% of minimum hourly rate

 

125%

200%

150%

175%

200%

150%

225%

 

$

$

$

$

$

$

$

Pharmacy assistant level 1

30.91

49.46

37.10

43.28

49.46

37.10

55.64

Pharmacy assistant level 2

31.61

50.58

37.94

44.26

50.58

37.94

56.90

Pharmacy assistant level 3

32.73

52.36

39.27

45.82

52.36

39.27

58.91

Pharmacy assistant level 4

34.08

54.52

40.89

47.71

54.52

40.89

61.34

Pharmacy student—1st year of course

30.91

49.46

37.10

43.28

49.46

37.10

55.64

Pharmacy student—2nd year of course

31.61

50.58

37.94

44.26

50.58

37.94

56.90

Pharmacy student—3rd year of course

32.73

52.36

39.27

45.82

52.36

39.27

58.91

Pharmacy student—4th year of course

34.08

54.52

40.89

47.71

54.52

40.89

61.34

Pharmacy intern—1st half of training

34.53

55.24

41.43

48.34

55.24

41.43

62.15

Pharmacy intern—2nd half of training

35.70

57.12

42.84

49.98

57.12

42.84

64.26

Pharmacist

42.41

67.86

50.90

59.38

67.86

50.90

76.34

Experienced pharmacist

46.45

74.32

55.74

65.03

74.32

55.74

83.61

Pharmacist in charge

47.55

76.08

57.06

66.57

76.08

57.06

85.59

Pharmacist manager

52.98

84.76

63.57

74.17

84.76

63.57

95.36

B.1.3            All adult employees—overtime rates

[B.1.3 varied by PR718829, PR729266, PR740687, PR762120 ppc 01Jul23]

 

Monday to Saturday

Sunday

Public holiday

First 2 hours

After 2 hours

 

% of minimum hourly rate

 

150%

200%

200%

250%

 

$

$

$

$

Pharmacy assistant level 1

37.10

49.46

49.46

61.83

Pharmacy assistant level 2

37.94

50.58

50.58

63.23

Pharmacy assistant level 3

39.27

52.36

52.36

65.45

Pharmacy assistant level 4

40.89

54.52

54.52

68.15

Pharmacy student—1st year of course

37.10

49.46

49.46

61.83

Pharmacy student—2nd year of course

37.94

50.58

50.58

63.23

Pharmacy student—3rd year of course

39.27

52.36

52.36

65.45

Pharmacy student—4th year of course

40.89

54.52

54.52

68.15

Pharmacy intern—1st half of training

41.43

55.24

55.24

69.05

Pharmacy intern—2nd half of training

42.84

57.12

57.12

71.40

Pharmacist

50.90

67.86

67.86

84.83

Experienced pharmacist

55.74

74.32

74.32

92.90

Pharmacist in charge

57.06

76.08

76.08

95.10

Pharmacist manager

63.57

84.76

84.76

105.95

B.2                Casual adult employees

B.2.1            Casual adult employees—penalty rates for Monday to Friday

[B.2.1 varied by PR718829, PR729266, PR740687, PR762120 ppc 01Jul23]

 

Ordinary hours Monday to Friday

Between 8.00 am and 7.00 pm

Between 7.00 am and 8.00 am

Between 7.00 pm and 9.00 pm

Between 9.00 pm and midnight

 

% of minimum hourly rate

 

125%

175%

150%

175%

 

$

$

$

$

Pharmacy assistant level 1

30.91

43.28

37.10

43.28

Pharmacy assistant level 2

31.61

44.26

37.94

44.26

Pharmacy assistant level 3

32.73

45.82

39.27

45.82

Pharmacy assistant level 4

34.08

47.71

40.89

47.71

Pharmacy student—1st year of course

30.91

43.28

37.10

43.28

Pharmacy student—2nd year of course

31.61

44.26

37.94

44.26

Pharmacy student—3rd year of course

32.73

45.82

39.27

45.82

Pharmacy student—4th year of course

34.08

47.71

40.89

47.71

Pharmacy intern—1st half of training

34.53

48.34

41.43

48.34

Pharmacy intern—2nd half of training

35.70

49.98

42.84

49.98

Pharmacist

42.41

59.38

50.90

59.38

Experienced pharmacist

46.45

65.03

55.74

65.03

Pharmacist in charge

47.55

66.57

57.06

66.57

Pharmacist manager

52.98

74.17

63.57

74.17

B.2.2            Casual adult employees—penalty rates for Saturday, Sunday and public holidays

[B.2.2 varied by PR718829, PR729266, PR740687, PR762120 ppc 01Jul23]

 

Saturday

Sunday

Public holidays

All day

Between 8.00 am and 6.00 pm

Between 7.00 am and 8.00 am

Between 6.00 pm and 9.00 pm

Between 9.00 pm and midnight

Before 7.00 am and after 9.00 pm

Between 7.00 am and 9.00 pm

 

% of minimum hourly rate

 

150%

225%

175%

200%

225%

175%

250%

 

$

$

$

$

$

$

$

Pharmacy assistant level 1

37.10

55.64

43.28

49.46

55.64

43.28

61.83

Pharmacy assistant level 2

37.94

56.90

44.26

50.58

56.90

44.26

63.23

Pharmacy assistant level 3

39.27

58.91

45.82

52.36

58.91

45.82

65.45

Pharmacy assistant level 4

40.89

61.34

47.71

54.52

61.34

47.71

68.15

Pharmacy student—1st year of course

37.10

55.64

43.28

49.46

55.64

43.28

61.83

Pharmacy student—2nd year of course

37.94

56.90

44.26

50.58

56.90

44.26

63.23

Pharmacy student—3rd year of course

39.27

58.91

45.82

52.36

58.91

45.82

65.45

Pharmacy student—4th year of course

40.89

61.34

47.71

54.52

61.34

47.71

68.15

Pharmacy intern—1st half of training

41.43

62.15

48.34

55.24

62.15

48.34

69.05

Pharmacy intern—2nd half of training

42.84

64.26

49.98

57.12

64.26

49.98

71.40

Pharmacist