Fair Work Act 2009

s.157 - FWC may vary etc. modern awards if necessary to achieve modern awards objective

(AM2024/19, AM2024/20, AM2024/21, AM2024/22 and AM2024/23)

Gender-based undervaluation - priority awards - Commission's own motion - Pharmacy Industry Award 2020 - private conference - amended directions.

1. In accordance with paragraph [9] of the statement we issued on 24 June 2024,[1] the presiding member of this expert panel conducted a conference of parties with an active interest in the Pharmacy Industry Award 2020[2] (Pharmacy Award) on 19 July 2024. The purpose of the conference was to discuss whether a consensual approach might be taken in respect of any aspect of the proceeding concerning the Pharmacy Award (AM2024/19).

[2] Following the conclusion of the conference on 19 July 2024, the Pharmacy Guild of Australia (Pharmacy Guild) and the Association of Professional Engineers, Scientists and Managers, Australia (Professionals Australia) agreed to engage in discussions with the objective of reaching consensus as to a statement of agreed facts. Some of the other parties in attendance at the conference - the Australian Industry Group, Australian Private Hospitals Association Limited, Catholic Health Australia Limited, Day Hospitals Australia Limited, HealthScope Operations Pty Ltd and Adelaide Community Healthcare Alliance Incorporated - subsequently advised the presiding member by way of email that they did not wish to participate in the discussions between the Pharmacy Guild and Professionals Australia.

[3] On 2 August 2024, the Pharmacy Guild informed the chambers of the presiding member that it had been engaging in 'positive discussions' with Professionals Australia and would inform the Commission of their progress by 9 August 2024. Upon receipt of this correspondence, the presiding member offered the Commission's further assistance should the parties agree to this course of action.

[4] On 12 August 2024, the Pharmacy Guild informed the Commission that a provisional position had been reached on several 'agreed facts' but requested assistance by way of a private conference concerning other matters.

[5] On 14 August 2024, pursuant to this request, the presiding member conducted a private conference between the Pharmacy Guild and Professionals Australia. It is sufficient to say that it appears these parties have made a substantial degree of progress in their discussions and are committed to the continuation of a constructive dialogue. In these circumstances, we consider it appropriate to amend direction (2) in paragraph [13] of our 24 June 2024 statement to provide as follows:

(2) Interested parties are to lodge witness statements, other evidentiary material, submissions, and any agreed statements of fact concerning the identified issues and any other relevant matters by 5:00 pm (AEST) on Friday, 27 September 2024. In matter AM2024/19, the Pharmacy Guild of Australia and The Association of Professional Engineers, Scientists and Managers, Australia (Professionals Australia) are directed, in addition to or in substitution for the foregoing, to lodge by the same date a joint document which sets out:

(a) any agreed outcome for the classifications and rates of pay for Pharmacists in the Pharmacy Industry Award 2020;

(b) any agreed proposal for the operative date and phasing-in of the outcome or, if this is not agreed, the parties' respective proposals for operative date and phasing-in;

(c) any other agreed issues or the parties' respective positions on issues which are not agreed; and

(d) a statement of agreed facts concerning the work value of Pharmacists and any other relevant matter, and a statement identifying any factual disputes between the parties concerning these matters.

1. [1] [2024] FWCFB 291.
2. [2]MA000012.

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