Workplace Relations

17 December 2024

The Pharmacy Industry Award 2020 regulates the ways in which the hours of work of a part-time employee can be changed. The relevant Clauses are 10, 13, 14, and 30.

The roster of a part-time employee, but not the number of agreed hours, may be changed by the employer giving the employee 7 days’, or in an emergency 48 hours’, written notice of the change. Also, the roster of a part-time employee, including the number of agreed hours, may be changed at any time by the employer and employee by mutual agreement. This mutual agreement must be in “writing”, which includes any form that can be reproduced, including email, text, etc.

Unless a part-time employee agrees in “writing” to an alternative before the hours are worked, any additional hours worked must be paid as overtime (but overtime does not accrue Annual Leave or Personal/Carer’s Leave credits, and superannuation is not payable).

A part-time employee can agree to work the additional hours and be paid the casual rate (but that does not accrue Annual Leave or Personal/Carer’s Leave credits, however superannuation IS payable). Or a part-time employee can agree to work the additional hours as a variation to their agreed part-time hours and be paid the usual hourly rate (so then they accrue Annual Leave and Personal/Carer’s Leave credits, and superannuation is payable).

Members are advised to ensure that rostering and/or payroll systems that change the number of part-time hours worked by an employee include an in advance agreement that must be consented to (in “writing”) before the hours are worked. Otherwise, the additional hours must be paid as overtime.

If you have any questions or need advice or assistance, please contact the Guild’s Workplace Relations advisors to discuss your situation.

16 December 2024

The Skilled Refugee Labour Agreement is an agreement between the government and TBB that will see up to 500 skilled workers brought to Australia.

TBB is an organisation that assists refugees in accessing working visas and employers in finding migrant workers that are the right fit for their organisation. They have developed software in which skilled refugees seeking jobs can elect to upload a profile about themselves and their qualifications and this software, labelled the ‘talent catalogue’ then ‘matches’ their qualifications to specific fields and employers in Australia.

The hiring process in the agreement is conducted in 5 steps:

1. Identification of a necessary role
   An employer will communicate their need for migrant workers in their field and TBB must endorse this need for the employer to access the Skilled Refugee Labour Agreement scheme. (For example, a rural pharmacy owner may apply to the scheme if they are in need of a locum pharmacist and TBB must endorse this need).
2. Recruitment
   Following TBB endorsement, a business can submit a request to access the Skilled Refugee Pilot Labour Agreement via an ImmiAccount (the Department of Home Affairs’ online services portal).
   The employer will then have access to the talent catalogue and, upon being matched by TBB with a potential candidate for the role, the employer can determine if the person has the correct skills and qualifications for the role. There is no third party standardised qualification or test, it is up to the employers discretion.
3. Visa application
   Once both the employer and potential employee are matched, TBB will assist in the visa application process, they will also endorse the candidate and employer. TBB acts as a liaison between migrant and employer in the application process.
4. Integration
   TBB also assists in integrating the worker into the role as well as providing the employer with support.
5. 12 month post arrival check in
   TBB will remain in contact with the worker for the first twelve months to ensure that the transition process progresses smoothly and to provide further support if required.

The scheme is in a testing phase for the coming 6 months. However, it is likely that implementation would be beneficial for pharmacy as the scheme allows for more visas for pharmacists and will support the maintenance of a competitive workforce . Furthermore, 35% of migrants who arrived in Australia through the TBB program are currently in rural or remote Australia.

For employers, the cost of the program is the same as the Employer Nomination Scheme visa class 186. This includes immigration, travel, accommodation when travelling, settlement and the work of TBB in their facilitation.

This blog serves to inform members of potential new immigration visas and schemes. For complex and specific immigration or visa advice please seek professional assistance

If you have any questions or need advice or assistance, please contact the Guild’s Workplace Relations advisors to discuss your situation.

10 December 2024

The new CSOL replaces the previous complex, out of date and inflexible occupation lists in the temporary skilled visa program.

The CSOL is a single consolidated list, informed by labour market analysis and stakeholder consultations by Jobs and Skills Australia (JSA) that provides access to temporary skilled migration for 456 occupations.

The CSOL will apply to the Core Skills stream of the new Skills in Demand (SID) visa, which replaced the Temporary Skill Shortage (subclass 482) visa on 7 December 2024.  The CSOL will also apply to the Direct Entry stream of the permanent Employer Nomination Scheme (subclass 186) visa.

The Department of Home Affairs have communicated some details in the change to the SID visa, as outlined below. More details on the other reforms to the SID visa and Employer Nomination Scheme visa as announced on 7 December 2024, may be found on the Department of Home Affairs Website.

The SID visa will be split into 3 streams:

1. Specialist Skills (an individual must earn over $135k to be eligible)
2. Core Skills - CSOL list
3. Essential skills

Currently, Home Affairs first priority in granting visas is for healthcare workers. Secondly, it is for occupations that have shortages in rural and regional settings. Members who are seeking locum or more senior pharmacists in these settings may find they fall into both the Specialist Skills and CSOL streams in the SID visa. When researching which visa to nominate for and instruct your pharmacist to apply for, keep this in mind.

Also, it is now advised that when making an application for a visa, the nomination and application be submitted together. When both forms are lodged together, they are likely to be allocated to the same decision maker and thus, more likely to be efficiently reviewed and a decision made. The applicant, when submitting, will need to seek the Transaction Reference Number (TRN) from the sponsor.

Please note that a nomination and application, while recommended to be submitted together will not be approved until an APHRA registration number is available, despite the APHRA registration number not being a compulsory addition to the initial submission.

Additionally, the changes to ANZCO classifications on 6 December 2024 (see previous blog) mean that the codes associated with the SID visa (formerly TSS) have also changed. Please keep this in mind when preparing any nominations and once again, refer to Home Affairs for the latest information.

If you have any questions or need advice or assistance, please contact the Guild’s Workplace Relations advisors to discuss your situation.

6 December 2024

After careful consideration between both nations respective bureau of statistics, there has been a split and Australia will now have its own tailored occupational statistical classifications; the Occupation Standard Classification for Australia (OSCA).

The outcomes of this change are:

• Nearly 300 new occupations created.
• Over 200 occupations retired.
• Task descriptions added to all occupations.
• Improved visibility of Aboriginal and Torres Strait Islander occupations and specialisations.
• Removal of gendered language to promote inclusivity in classifications.

OSCA will be published at 11:30am 6 December, please visit the website to identify the changes and access further information from the Australian Bureau of Statistics (ABS).

If you have any questions or need advice or assistance, please contact the Guild’s Workplace Relations advisors to discuss your situation.

21 Aug 2023

Simon Fletcher is a true guru when it comes to managing underperformance in teams and, in this episode, will focus on just one tool of many - the Situational Leadership Model.

Simon has a ton of experience in leadership and knows the ins and outs of teamwork and motivation.

Level up your leadership skills as Simon shares practical strategies to tackle underperformance head-on and empower your pharmacy for success.

10 Jul 2023

Every pharmacist knows the importance of excellent patient care in pharmacy and the vital role pharmacists play in ensuring patient safety. However, something that is just as important is prioritising the well-being and professional growth of your pharmacy staff.

Joining us in this episode is Lucinda Marks, managing partner at Capital Chemist Calwell and one of the finalists for the Guild Pharmacy of the Year Award in 2023. When it comes to staff, Lucinda and her co-partners know that actions speak louder than words.

Capital Chemist Calwell has implemented various measures to enhance the work-life of their employees, including unlimited annual leave, work-from-home trials, and regular one-on-one meetings.

If you ever have the opportunity to visit Capital Chemist Calwell, you will see firsthand what a difference it makes to have empowered and happy staff.

By investing in the well-being and growth of their employees, they have created a workplace where everyone can thrive – patients and staff alike.

12 Jun 2023

When it comes to people management, there might be nothing worse than turning a blind eye and hoping the problem will ‘just go away.’

Our guest today, James Judge, provides practical tools, advice and solutions to address the more ‘curly’ challenges that can arise with staff, in the workplace.

James is an experienced people manager, and director of a consultancy aimed at helping businesses and organisations build stronger teams. He’s very well placed to share some of the tools from his toolkit, to help you, listeners, gain a little more confidence when it comes to doing just that.

In today’s episode, we look at some of the most common workplace issues, emerging trends and most importantly, how to nip the most common workplace issues in the bud, so you can keep yourself – and your staff – in the best shape possible for your business to thrive.

06 Feb 2023

This episode is an important one for anyone undergoing a significant life change or managing those who are. Whether it’s yourself, your colleagues, or your employees, this episode will provide valuable information to help you navigate the change, and all that comes with it.

Vanessa Miles, a psychologist and senior consultant at Transitioning Well, and Georgie Chapman, employment lawyer and partner at HR Legal, join us to venture into the frameworks and requirements that need to be in place to support employees during one of life’s major transitions, parenthood, as well as what you can do to make sure you and your employees are prepared.

Transitioning Well is a national team of psychologists working with Australian companies to help employees manage the messy intersections between life and work. Transitioning Well supports those experiencing any kind of significant life change, however that might look.