Frequently Asked Questions

The Pharmacy Industry Award 2020 only applies to Pharmacists and Pharmacy Assistants who work in a community pharmacy.

If you are not a pharmacist or pharmacy assistant, your employment conditions will be covered by another Award – for example, a nurse will be covered by the Nurses Award 2020 or a delivery driver would be covered by the Road Transport and Distribution Award 2020.

An employer can be covered by more than one award depending on the jobs their employees do; however, it is not a common practice in a community pharmacy as both the pharmacist and pharmacy assistant have a specific role and coverage arrangements within an Award.

When an employee is not covered by an award or agreement, they are considered to be award and agreement free. Award and agreement free employees may have an employment contract. They are also entitled to at least the:

• national minimum wage
• National Employment Standards (NES).

This arrangement is not applicable to community pharmacy.

Pay rates for award covered trainees and apprentices are based on the Schedule E of the Miscellaneous Award 2020. All other entitlements come from the respective Award and Fair Work Act 2009 provisions, including the NES.

Employees who earn more than the high-income threshold are not automatically considered high income employees for the purposes of the Fair Work Act 2009 (FW Act). High income employees are employees who have been given a guarantee of annual earnings.

The high-income threshold amount for FY2023-2024 is $167,500, which is reviewed during the annual minimum wage decision process.

Modern awards:

• do not apply to high income employees.
• do apply to employees earning more than the high-income threshold who haven’t been given a guarantee of annual earnings.

The National Employment Standards make up the minimum entitlements for employees in Australia who are employed in the national system. There are 14 provisions that are covered under the NES.

Yes, all employees working in Australia are entitled to a minimum wage. This is the minimum amount an employee can be paid for the work that they're doing.

The minimum wage is set by the award that covers an employee’s industry or occupation. An Award may cover many different industries and occupations, so it is important to get it right.

The minimum amount for a community pharmacy employee is set out in the Pharmacy Industry Award 2020.

Each year, the Fair Work Commission reviews both the National Minimum Wage and minimum pay rates under awards (Annual wage review). Most changes begin on the first full pay period on or after 1 July.

The Pharmacy Guild as an interested stakeholder to the Pharmacy Industry Award is invited to participate in the process of reviewing the national minimum wage and Award hourly rates, however the final decision on any increase is at the Fair Work Commission discretion.

Yes, an employer has the option to offer an employee more than an Award’s entitlements, however no terms can be less than the Award’s provisions.

It is prohibited for an employer to offer a position to an employee at an amount or conditions that is less than respective Award covering the position.

Awards are regularly reviewed and updated by the Fair Work Commission (FWC), where necessary. The FWC is the national workplace relations tribunal and registered organisations regulator who authorises any changes based upon evidence supplied by the parties involved in the variation request or on their own merit to achieve a legislative direction.

The FWC can be requested to review the Awards by the Minister for Employment and Workplace Relations.

A major change to an award can include changing wages, entitlements, responsibilities and conditions for employers and employees covered by an award.

Yes, employees including future employees have the right to:

• share (or not share) information about:
  • their pay
  • their employment terms and conditions that would be needed to work out their pay, such as their hours of work
• ask other employees (with the same or a different employer) about their:
  • pay
  • employment terms and conditions that would be needed to work out their pay, such as their hours of work.

Employees cannot be forced to give this information to another employee if they do not want to. An employee can also exercise these rights even after they leave their employment.

Since 7 June 2023, pay secrecy terms cannot be included in employment contracts at all. Employers who enter into employment contracts that have pay secrecy terms in them could face penalties.

Employees need to be paid for all time spent working. This includes:

• time spent in meetings
• doing training (including online or at home)
• time spent opening or closing a store.

If an employer requires an employee to be present at work, they must be paid for that time.

Where an employer requests or directs a current employee to upskill (undertake additional education and/or training) to perform specific services in the pharmacy, the employer has the obligation to pay for the expenses associated with that education or training requirement including time to undertake the training.

Where a current employee requests to upskill to potentially perform additional functions in their role and the employer does not require the additional skills for the business operations, then the employer is not obliged to pay for the expenses associated with that education or training requirement or provided paid time.

However, the payment of such training or time off work could be negotiated between the employer and the individual, where reasonable.

Where an employer is looking to recruit a pharmacy team member to perform services which require specific education or training, they should specify in the job advertisement and position description that candidates for the position must have completed such training.

In such instances it is the candidate’s responsibility to have completed the required training if they wish to be considered for such positions.

The rates of reimbursement for pharmacy staff who have completed relevant additional education and training, where those skills are used within the pharmacy business, is a matter for discussion, negotiation and agreement between employer and employee.

However, the pay rate and employment conditions must not be less than those specified in the Pharmacy Industry Award 2020.

The Guild is not permitted to advise Guild members on the actual market rates of pay for pharmacy employees, however the Guild does produce a remuneration guide based upon data available.