Workplace Relations

6 March 2025

If an employee cannot come to work

When employees are required to provide care or support to a member of their immediate family or household because of an unexpected emergency, e.g. day care/school closed due to natural disaster, full-time and part-time employees can use their accrued paid personal/carer's leave.  Casual employees, and full-time and part-time employees who have exhausted their paid personal/carer's leave, can take up to two (2) days unpaid leave.

When an employee can be usefully employed but they are unable to attend work because of a natural disaster, e.g. flooding, cyclone, there is no specific paid leave in these circumstances.  By mutual agreement, full-time and part-time employees can access their accrued annual leave.  Otherwise, it is unpaid leave.  Further guidance is available on the FWO website.

Employees who are members of a recognised emergency management body, e.g. State Emergency Service (SES), may take unpaid community service leave to deal with a natural disaster.  This includes time when engaging in the activity, reasonable travelling time associated with the activity and reasonable rest time immediately following the activity. Please note, conditions apply, including notice and evidence requirements.  Further guidance is available on the FWO website.

If your workplace is not operational due to a natural disaster (e.g. flooded, without power, evacuated by emergency service, etc.)

Under Section 524 of the Fair Work Act 2009 an employer can stand down an employee without pay unless an award provides otherwise (the Pharmacy Industry Award 2020 does not provide otherwise) where the employee cannot be usefully employed for any cause for which the employer cannot reasonably be held responsible, e.g. flooding, no electricity.  Further guidance is available on the FWO website.

However, the employee's annual leave and personal/carer's leave will continue to accrue.  Again, by mutual agreement, full-time and part-time employees can access their accrued annual leave.  Otherwise, it is unpaid.

Please note: different arrangements may 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.

26 February 2025

From 26 February 2025, eligible casuals can provide written notice to their employer to change to full-time or part-time employment under the new employee choice pathway. An employer can only refuse the notice for certain reasons.

Changes to the Fair Work Act amending the definition of a casual employee and changing the arrangements for casual conversion came into effect on 26 August 2024 From 26 August 2024, under the new definition, an employee is a casual if:

• there isn’t a firm advance commitment to continuing and indefinite work, taking into account a number of factors, including the real substance, practical reality and true nature of the employment relationship; and
• they're entitled to receive a casual loading or specific casual pay rate.

Now, casual employees can request conversion to ongoing employment if they meet the requirement that they have been employed for at least 6 months (or 12 months for small businesses- fewer than 15 employees by headcount), and they believe they no longer meet the requirements of the new casual employee definition. The request must be in writing. The employer must then discuss the request with the employee and provide a written response within 21 days. An employer can refuse the request on reasonable business grounds, details of which must be included in the response. An employee whose request is refused can file a dispute with the Fair Work Commission, which can resolve the dispute by mediation, conciliation, or arbitration.

Further information is available on the FWO website.

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.

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.

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.