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

4 yearly review of modern awards – Plain language project – Pharmacy Industry Award 2010 – plain language drafting issues.

[1] The purpose of this Statement is to notify interested parties that a revised exposure draft for the Pharmacy Industry Award 2010 (the Pharmacy Award) incorporating changes from the decisions issued on 21 June 2017 and 21 March 2017 1 has been published today.

[2] In our decision of 21 June 2017 2 we expressed a provisional view relating to the coverage of on-hire employees as expressed in cause 4.3 of the January exposure draft. Interested parties were directed to file written submissions on this provisional view by 4.00 pm on Friday 7 July 2017.

[3] The direction contained in paragraph [10] of the 21 June 2017 decision is vacated.

[4] Parties are now directed to file further written submissions concerning whether clause 4.3(a) of the January exposure draft should be adopted having regard to these provisional views. Such submissions must be lodged in the Commission on or before 4.00 pm Friday 14 July 2017. Any party submitting that the proposed clause 4.3(a) would have a different effect should explain why that is the case. Additionally, any interested party may lodge a submission by the same date responding to the contention advanced by Business SA that clause 4.3(b) changes the effect of the current clause 4.6.

[5] A further issue that was dealt with in the 21 June 2017 decision relates to the use of the word ‘township’ in clause 19.4 of the current Pharmacy Award (clause 18.5 of the January exposure draft).

[6] The direction relating to this issue contained in paragraph [12] of the 21 June 2017 decision is also vacated.

[7] Parties are now directed to file further written submissions concerning the meaning of the current term ‘township’ as it appears in clause 19.4 of the current Pharmacy Award, and the manner in which it might be defined or replaced in clause 18.5 of the January exposure draft. Such submissions must be lodged in the Commission on or before 4.00 pm Friday 14 July 2017.

[8] A number of residual issues were dealt with in the 21 June 2017 decision at paragraphs [13] – [15]. Parties were directed to file further written submissions in respect of these issues by 4.00 pm Friday 7 July 2017. This direction is also vacated.

[9] Any written submissions in respect of the issues dealt with at paragraphs [13] – [15] of the June decision must now be lodged in the Commission on or before 4.00 pm Friday 14 July 2017.

PRESIDENT

 1   [2017] FWCFB 1612

 2   [2017] FWCFB 3337

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