Workplace Relations

23 June 2025

The new provisions are aimed at addressing deliberate conduct and not to capture inadvertent errors or genuine mistakes. Both intentional and unintentional underpayment attract liability, however an employer will only be criminally liable if the underpayment was intentional. An employer commits wage theft if they fail to pay an amount payable to an employee.

The offence captures conduct occurring on or after 1 January 2025, but liability may be extended to include patterns of conduct that began before this date it they continued after the commencement of the provisions.

Members should remain informed about recent and upcoming wage increases, including the decision from the Gender Undervaluation Matter heard before the FWC in 2024 and the FWC’s 2025 Annual Wage Review, in order to avoid inadvertent wage discrepancies and to promote ongoing compliance. These changes to the wage theft provisions underscore the importance of employers implementing robust payroll systems, ensuring a culture of compliance, and taking immediate corrective actions if issues arise to mitigate the risk of prosecution.

The FW Act now also contains two safe harbour provisions which are designed to protect employers from criminal prosecution if they have taken proactive action to comply with their obligations under the FW Act and to notify and cooperate with the Fair Work Ombudsman (FWO). The Voluntary Small Business Wage Compliance Code provides a guide for employers to assist them in meeting their respective obligations and potentially avoid being criminal liability for wage theft. Although the Code is a good guide for all employers; if a small business (less than 15 employees by headcount) complies with the Code, the FWO must not refer the employer’s conduct for criminal prosecution; however civil penalties may still apply. The second safe harbor provision included in the amendments to the FW Act is the insertion of Cooperation Agreements for all employers. These offer a limited immunity if employers can demonstrate good faith endeavours to pay employees correctly, self-report issues, and take proactive corrective action if underpayments occur.

The Australian Chamber of Commerce and Industry, of which the Guild is a member, has released an extensive guide to compliance with the code which can be found here.

Remember to monitor the Guild’s Wage Rates page and if you have any questions or need advice or assistance, please contact the Guild’s Workplace Relations advisors to discuss your situation.

20 June 2025

Minimum wages and certain allowances required to be paid to employees under the Pharmacy Industry Award 2020 (PIA) will increase from the first full pay period commencing on or after 1 July 2025.  The new Wage Sheets showing all rates for 2025/26 are now available at Wage Rates.

Note that a separate Fair Work Commission decision in the gender undervaluation case granted 3 annual increases for pharmacists of 4.7% that apply from 30 June in 2025, 2026 and 2027.  This creates an anomaly this year if a pay period commences on Monday 30 June, as the 4.7% increase must be paid for that pay period, and then the further 3.5% applies from the first pay period in July.  Details are shown in the Wage Sheets.

The Superannuation Guarantee also increases from 11.5% to 12% from the first pay made on or after 1 July 2025 (regardless of what period the pay is for).  Information for employers is available from the Australian Taxation Office (ATO).

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

Note:  If you are a sole trader or a partnership in Western Australia please visit the WA Workplace Relations page to see information about wages and allowances specific to State System employers in Western Australia.

4 April 2025

The Fair Work Commission of Australia (FWC) is considering an application by the Shop, Distributive and Allied Employees Association (SDA) to vary the junior wage rates payable in three modern awards (AM2024/24), including the Pharmacy Industry Award 2020 (PIA) (application at FWC website).  Currently under the PIA pharmacy assistants at level 1 or 2 (PA 1 or PA 2) who are under 21 years of age may receive junior wage rates.
If the model proposed by the SDA is adopted by the FWC, all junior wage rates in the PIA for employees aged between 18 and 21 would be abolished and the full adult rate would apply.  Additionally, the rate for  under 16 and 17 year old juniors would increase.  The current percentage of the adult rate and the proposed percentage of the adult rates is set out in the table below.  The application and other submissions can be found on the FWC website.

No change is proposed for PA 3 and PA 4 employees who must be paid as adults regardless of their age.
The Guild will represent community pharmacy owners in this matter.  Members are invited to provide comments and information about their engagement of junior employees to assist in preparing the Guild’s response to the SDA application, due to be lodged with the FWC in May. Please reach out to the Guild’s Workplace Relations advisors.

The National and Branch offices will keep members informed as this matter progresses.

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.

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.