D2004/31, Transcript of Proceedings [2004] AIRCTrans 5000 (21 December 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 9399

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

VICE PRESIDENT ROSS

D2004/31

APPLICATION UNDER SECTION 158(1) OF
THE ACT RAO SCHEDULE BY THE PHARMACY
GUILD OF AUSTRALIA FOR ALTERATION OF
ELIGIBILITY RULES

MELBOURNE

4.36 PM, THURSDAY, 9 DECEMBER 2004

PN1

MR M. SHEEHAN: I appear for the Pharmacy Guild of Australia.

PN2

THE VICE PRESIDENT: Can I just run through my understanding of the application and what has taken place today. The application was lodged under section 158 of the schedule on 2 February 2004. A notice of the application was published in the Gazette on 22 September and a copy of the application was also published on the Commission's website. No objection to the application was received within the prescribed time for lodging objections. I will come to the effect of the proposed change in a moment.

PN3

The declaration of Mr Reid, I think it is, was filed with the application indicates how the proposed alteration was assented to by the organisation in accordance with the rules of the organisation. It is also said there would be no other organisation to which the persons who would be eligible for membership of the alteration could more conveniently belong or would more effectively represent those members. There is no agreement or understanding within the meaning of section 158(6) to which the alteration would contravene. Section 158(7) is not relevant in the circumstances of this case.

PN4

As for the effect, the practical effect if I can put it that way of the change, the proposed alterations relate to rules 3 and 6(a). In relation to rule 3 it changes the word "medicinal" as in the expression medicinal substances to "medical substances" in line 3 of the rule. In relation to rule 6(a), the change here has arisen because some Friendly Society dispensaries and Lodge dispensaries are de-mutualising but are continuing to trade as Friendly Societies and they enjoy the tax benefits currently available to Friendly Societies to the detriment of current Guild members. The effect of the proposed alteration would continue their current exclusion from the membership of the Guild.

PN5

MR SHEEHAN: That is correct.

PN6

THE VICE PRESIDENT: So after the exemption which is currently expressed in these terms: Accepting any Friendly Society of Lodge dispensary the rule change inserts the words "or pharmacist, pharmacy partnership or company pharmacy trading in a manner similar thereto." It is those words that are necessary to retain the exemption to have regard to the fact that some of them are de-mutualising, is that the essence of it?

PN7

MR SHEEHAN: Yes.

PN8

THE VICE PRESIDENT: All right. Thank you. Anything you wanted to add?

PN9

MR SHEEHAN: The only other area is the addition, under 6(a), of the words "consultant pharmacist" and I think perhaps you may have addressed that.

PN10

THE VICE PRESIDENT: Just a moment. Just give me a moment, Mr Sheehan. Consultant pharmacist, company pharmacist - - -

PN11

MR SHEEHAN: Consulting pharmacist rather than consultant.

PN12

THE VICE PRESIDENT: I am still having trouble picking that up. Let us look at the notice of the application that was published in the Gazette, do you have that?

PN13

MR SHEEHAN: No, I am sorry, Vice President, I have form R67.

PN14

THE VICE PRESIDENT: Just bear with me for a moment then. Yes, I have got your form R67. The change I am talking about here is 6(a) and it is the words in italics?

PN15

MR SHEEHAN: Yes, that is correct.

PN16

THE VICE PRESIDENT: Where is what you were talking about?

PN17

MR SHEEHAN: Further down, continuing on from - the fifth line, the last words "consulting pharmacist". In private practice or as a consultant pharmacist within the Commonwealth of Australia.

PN18

THE VICE PRESIDENT: Where is that in your application, though? It is not in the form R67, not in the copy I have got. I have got: in private practice within the Commonwealth of Australia.

PN19

MR SHEEHAN: Vice President, I have to say the form that I have and the information you have vary, my apologies to you.

PN20

THE VICE PRESIDENT: I will just see - is the document you have dated 31 August 2004?

PN21

MR SHEEHAN: The document I have is - I don't have a date on it, the common seal of the Guild of 12 August 2004.

PN22

THE VICE PRESIDENT: As I understand it, the initial application was withdrawn as not being lodged under the seal of the organisation, well, an initial application was withdrawn. The difficulty is that the proposed alteration that was published in the Gazette- - -

PN23

MR SHEEHAN: Did not contain the words.

PN24

THE VICE PRESIDENT: No. I will show you the Government Gazette of 22 September. I do not have the form R67 that you have on my file.

PN25

MR SHEEHAN: Vice President, I would be of the view that if it was acceptable to the Commission the contents that you have indicated, the additional, excluding the word "consultant pharmacist" that we would agree to that and if there was to be a further variation that we address that another time.

PN26

THE VICE PRESIDENT: You can file, to - yes, we can deal with it that way. So the changes I am dealing with are the insertion of the words "or pharmacist, pharmacy partnership or company pharmacy trading in a manner similar there to" after the refer to Lodge dispensary in rule 6(a).

PN27

MR SHEEHAN: Correct.

PN28

THE VICE PRESIDENT: The change from, rule 3, the industry rule, from "medicinal substances" to "medical substances" in line 3.

PN29

MR SHEEHAN: Yes.

PN30

THE VICE PRESIDENT: Having regard to the material filed, I am satisfied that the application complies with the relevant provisions of the Act and the regulations and I therefore consent to the alterations to the eligibility rules in the manner I have just referred to. Probably provide a little bit of time - the alteration will come into effect from next Wednesday, 15 December.

ADJOURNED INDEFINITELY [4.41pm]