Pharmaceutical Industry Award

Coverage turns on the nature of the pharmaceutical operation. Working with medicines is not enough by itself if the work does not fit clause 4.2.

• Check whether the operation is pharmaceutical manufacture, production, wholesaling or an incidental or ancillary process under clause 4.2.
• If labour hire or group training is involved, test the host work as well as the exclusion rules.
• Where more than one award could be relevant, use the classification most appropriate to the work and environment.

This award puts real weight on part-time records and minimum engagements. Informal arrangements create avoidable overtime and underpayment risk.

• Record the part-time pattern in writing, including days, hours and actual start and finish times.
• Keep any variation to that pattern in writing.
• Roster each part-time attendance for at least 3 consecutive hours.
• Casual employees must be engaged and paid for at least 2 consecutive hours of work each time they attend.

Rosters need to follow the award's day work and shiftwork model rather than ad hoc production practice, especially for overtime and after-hours contact.

• Do not apply the casual loading to overtime hours.
• Day workers average 38 hours per week and no more than 152 hours in 28 consecutive days.
• Shiftworkers also average 38 hours per week and no more than 152 hours in 28 consecutive days, and ordinary shift hours must not exceed 8 in a day.
• The right to disconnect also applies, so a shift-based operation still needs discipline around after-hours contact.

The award has two different classification streams. Using the wrong stream is a direct payroll risk even before you start debating the grade within that stream.

• Use the manufacturing and production grades for plant-side roles and the warehouse and distribution grades for stores and dispatch roles.
• Manufacturing grade 1 covers entry-level work such as basic packaging, line loading, cleaning machinery and basic plant operation.
• Manufacturing grade 2 moves into operating and basic setting of packaging or production machinery and stock sampling and related checking procedures.
• Warehouse and distribution work has its own grade structure, so do not collapse it into the manufacturing stream by default.

Base rates are only part of the picture. Junior, trainee and allowance settings need their own checks in payroll and supervision.

• Junior rates are set separately from adult rates.
• Trainees are dealt with through the national training wage provisions incorporated from Schedule E to the Miscellaneous Award 2020.
• Allowance triggers include first aid, hazardous substance handling, respirator use, sterile area work, dust mask work and meal allowance events.
• Have a clear process for reimbursing approved first aid course materials and refresher costs where the clause requires it.

Important employment rights sit partly outside the traditional award clauses, so compliance should link the award to the NES and the Fair Work Act.

• Requests for flexible working arrangements are provided for in the NES.
• Clause 13.1 points back to the NES for maximum weekly hours and flexible working arrangements.
• The casual conversion pathway is also in the NES.
• The right to disconnect operates alongside the award and should be reflected in management practice.

PR799280, PR799349, PR799505

The current consolidated award incorporates these recent variation determinations. Use the consolidated wording when checking any affected clause, schedule, rate or allowance.

Affected: 15 - Minimum rates, 17 - Allowances, Schedule B - Summary of Hourly Rates of Pay, Schedule C - Summary of Monetary Allowances, Schedule D - Supported Wage System