Pharmacy Industry Award

Coverage requires both a qualifying community pharmacy and an employee within a listed classification. The word pharmacy in a business or job title is not conclusive.

• Confirm that the business satisfies every part of the community pharmacy definition, including any applicable registration requirement.
• Confirm that the employee's work fits a classification in Schedule A.
• Check the award's express employee and instrument exclusions.
• If more than one award appears relevant, compare the available classifications with the employee's work and the industry.
• Make the award and the NES accessible at the workplace, including through the alternative location permitted where the pharmacy has no notice board.

The award has separate classification streams for assistants, students, interns and pharmacists. Classification and academic progression must be documented.

• Classify according to the skill level required for the principal functions of the employment.
• Notify the employee of the classification and every change in writing.
• Use the applicable classification when obtaining the current minimum rate.
• Apply junior rates only to pharmacy assistants at levels 1 and 2 who fall within the age provisions.
• Track pharmacy student course progress by completed and passed subjects. Apply the special treatment for a first-year Master of Pharmacy student where relevant.

Employment type affects ordinary hours, leave, minimum engagements and overtime. Record it at commencement and whenever it changes.

• Tell the employee at engagement whether the employment is full-time, part-time or casual.
• Treat an employee engaged for 38 ordinary hours a week, or 76 over 2 consecutive weeks, as full-time under clause 9.
• Obtain written consent before moving a full-time or casual employee to part-time employment.
• Preserve continuity of leave entitlements when an employee moves to part-time employment.
• For a part-time employee, agree in writing on daily hours, days worked, start and finish times, and meal break arrangements. Keep the agreement and all variations and give copies to the employee.

Part-time work is based on a stable written pattern. Informal extensions and recurring roster changes can create overtime and record-keeping failures.

• Roster a part-time employee for at least 3 consecutive hours, subject to the specific school-student provision where it applies.
• State in the part-time agreement that variations must be written and may be temporary or permanent.
• Do not use rolling roster changes from one pay period to the next or make changes to avoid an award entitlement.
• Treat employer-directed work beyond agreed hours as overtime unless a valid written arrangement for additional hours applies.
• For agreed additional hours on casual terms, keep a written agreement and check the daily, full-time and clause 21.2 overtime limits.

The broad span of ordinary hours does not displace daily limits or structured days-off rules. Test the whole roster before publishing it.

• Ordinary hours may be worked on any day between 7.00 am and midnight.
• Do not roster more than 12 ordinary hours on a day.
• For full-time employees, keep within 38 ordinary hours a week or 76 ordinary hours over 2 consecutive weeks. For part-time employees, use the agreed hours.
• Provide the required consecutive days off and limit the number of rostered and consecutive working days under clause 14.1.
• Apply the special rule for an employee working 3 Sundays in a 4 week cycle, including the stated part-time exception in clause 14.2.

Alternative rosters and contact outside working hours require careful records and attention to employee choice and statutory rights.

• Only depart from the standard rostering arrangements following the employee's written request and agreement.
• Record a different rostering arrangement in the time and wages record.
• Do not make agreement to a different roster a condition of employment.
• Respect the statutory right to disconnect and do not prevent an employee from exercising it.
• An emergency roster change under clause 10.9 is an example of a circumstance in which the award does not prevent attempted contact outside working hours.

Break placement is as important as the number of breaks. Build each entitlement into the roster according to hours worked that day.

• For at least 4 hours but not more than 5 hours, provide one paid 10 minute rest break.
• For more than 5 hours but less than 7.6 hours, provide one paid 10 minute rest break and one unpaid meal break lasting 30 to 60 minutes.
• For 7.6 hours or more, provide two paid 10 minute rest breaks and one unpaid meal break lasting 30 to 60 minutes.
• On a day of at least 7.6 hours, do not place a rest break in the first hour of work or the first hour after returning from the meal break.
• Take the meal break within the first 5 hours of work, but not before the first 2.5 hours.

First decide whether an hour is ordinary time or overtime. Only then select the applicable overtime or penalty treatment.

• Assess whether requested overtime is reasonable using the health, personal, business, notice and other factors in clause 21.1.
• Pay overtime for employer-directed work beyond the weekly or daily limits, work between midnight and 7.00 am, non-continuous work other than entitled breaks, or work outside clause 14's roster arrangements.
• For part-time employees, also check for work beyond the hours agreed under clauses 10.4 and 10.12.
• Do not add casual loading to overtime.
• Apply penalty rates only to ordinary hours in the time bands specified in clause 22. Penalties are not cumulative on overtime rates.

Allowance entitlement depends on duties and events in the pay period. Record the employer's requirement, notice, work performed and expenses incurred.

• Check the additional allowance where a pharmacist within one of the listed pharmacist classifications is required to perform home medicine reviews or residential medication management reviews.
• Check the meal entitlement where the employee has worked the required ordinary hours, receives late notice of extended work and cannot reasonably return home during the meal break.
• Apply the on-premise meal treatment when a pharmacist must remain on the premises during a meal break to attend urgent matters requiring a pharmacist.
• Supply, pay for or reimburse required special clothing and check laundering arrangements.
• Check moving costs when an employer transfer between townships causes the employee to move residence, and check the motor vehicle allowance when the employer requests use of the employee's vehicle.

PR810422, PR799280, PR799293, PR799450

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

Affected: 16 - Minimum rates, 19 - Allowances, Schedule B - Summary of Minimum Hourly Rates of Pay, Schedule C - Summary of Monetary Allowances, Schedule D - Supported Wage System