Health Employees Pharmacists (State) Award and other Awards [2003] NSWIRComm 453

Industrial Relations Commission of New South Wales

CITATION : Health Employees Pharmacists (State) Award and other Awards [2003] NSWIRComm 453 PARTIES : The Health Services Union The Health Administration Corporation FILE NUMBER: IRC 6920 of 1999, 655 of 2000, 2730 of 2002 CORAM: Walton J Vice-President; Grayson DP; McLeay C CATCHWORDS : Union application for new award - Employer cross-application for new award - Three occupational streams reviewed - Balance of union application and employer cross-application (as amended) stood over pending this determination - Increased rates of pay and changed classifications sought - Wage fixing principles - Special case principle - Work value principle - Relevance and significance of staff shortages in consideration of special case and work value principles - Blanket repudiation of union application by employer, industrially unsatisfactory especially in light of acknowledged deficiencies in existing classification structures and gaps in operation of awards under consideration - Partial resolution by employer administrative action - Existing classification structure in certain cases demonstrably inoperative in any legal or practical sense - Causal link between shortage of employees and changes in the nature of work - Devolution of functions and percolation of skills and responsibility within classification hierarchy - Changes in range and scope of professional roles - Intensification of work by increase in volume and frequency and pressure of work - Compounding effect of anomolies and inequities in classification structures and corresponding rates of pay - Public interest considerations in favour of addressing undervaluation of work particularly where labour shortages exist - Special case made out - Work value principle satisfied - Adjustments to classifications and rates of pay ultimately dependent upon precise nature and extent of work value change and impact of special case features generally - Principles concerning shortage of employees - Increases to be considered in context of increases which have sequentially flowed from 1999 memorandum of understanding - Union contentions as to to wage adjustments based on comparable classifications treated with great caution - Regard had to external classification only where there is some demonstrable historical or other appropriate basis - Union application granted in part in certain respects and in full in others - Awards varied Dental Technicians Registration Act 1975 (NSW) Dental Technicians Registration Act 1975 (NSW) LEGISLATION CITED : Industrial Relations Act 1996 National Health Act 1953 Pharmacy Act 1964