Workplace Relations

17 January 2025

Across Australia, Australia Day, Monday 27 January is a public holiday (not Sunday 26 January). Under the National Employment Standards (NES), an employee who usually works on Monday must be asked if they are willing to work on the public holiday (if the pharmacy is to open on the day), and is entitled to refuse the request by the employer to work if the refusal is reasonable. If an employee does not work, they are paid their base rate of pay for their ordinary hours of work on the day. Employees who work on the day must be paid at the public holiday penalty rate, which is 225% (250% for casuals) of the base rate under the Pharmacy Industry Award 2020 (PIA). Annualised salary employees who work are entitled to the equivalent time-off (or other arrangements).

Sunday 26 January is an ordinary Sunday where the usual penalty rates apply for employees working that day.

Under the PIA, an employer and an employee can agree to substitute another day for the public holiday if they wish. In such a case, the employee works, is paid the usual salary, and gets a day off in lieu at a later time.

Please note: different arrangements and penalty loadings apply for pharmacy employees in the WA state industrial relations system, pharmacies should contact the WA Branch or visit the State specific information here.

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

6 January 2025

The Pharmacy Industry Award (PIA) was among five priority awards identified as covering highly femininized industries to be examined as a matter of urgency.

In this matter there have been two significant points of contention:

1. Is community pharmacy a female dominated industry?
2. And contingent on that; has there been a historic undervaluation of the work value of community pharmacists due to gendered assumptions?

The Guild made several written submissions to the Commission on this matter, as did other employer groups including several private hospitals. Mitigating any wage increases that will flow on to members has been of paramount importance in this matter, this was reflected in the Guild’s written submissions which are publicly available on the Commission Website.

For the week of 9-13 of December, members of the Workplace Relations and Business Team, along with legal counsel, attended hearings in person at the Commission in Melbourne. Closing submissions by all parties were made on the 19 and 20December, with the Commission adjourning for the Christmas break to deliberate. A Decision is expected to be published in late January or early February. Any changes to the PIA will be communicated to members accordingly.

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

20 December 2024

The 2024 ANZ Retail Crime Study, conducted by Griffith University, shows that shoplifting, employee theft, fraud and customer aggression have risen 40% over the past 2 years, and are now at record levels.

Noting the current cost of living crisis and the holiday season, members are advised to ensure they have appropriate precautions and policies in place to address these four areas of risk.

Members are encouraged to:

1. review your shop security, including anti-theft procedures and monitoring,
2. ensure internal controls are fit for purpose and regularly reviewed,
3. monitor all ICT systems to ensure cyber security (the ASBFEO has some useful cyber security tools), and
4. maintain appropriate shop layout, policies and procedures to protect staff from physical and verbal abuse.

The Australian Retailers Association and the National Retail Association recently released their election priorities, some of which are designed to address retail crime, see here.

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

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.

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.