T3512 - 28 May
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Health Services Union of Australia HOSPITALS AWARD
Award variation - Deletion of Divisions B, C & D REASONS FOR FURTHER DECISION This application to amend the Hospitals Award which was amended on 12 November 1991 reads as follows: "In accordance with the requirements o f the structural efficiency principle the applicant seeks to delete divisions B, C and D from the award. I t is the view of the applicant that these divisions should not appear in the award because their scope clauses are not appropriate. The applicant intends to have award coverage of the employees covered by divisions B, C and D dealt with in other ways." In a decision handed down on 29 January 1992 the Commission deleted from the Hospitals Award - Division B - employees in establishments providing care for aged persons, and Division D - employees of Homes for Handicapped persons and in the case of St Giles Society also includes employees engaged in auxiliary services as provided. This left Division C - Blood Bank Services, to be considered in terms of the application. As a consequence of Orders arising out of the decision of 29 January 1992 Division C became Division B - Blood Bank Services. When the hearing of this application resumed on 9 March 1992 neither the Health Services Union of Australia, Tasmania No. 1 Branch (HSUA) or the Tasmanian Confederation of Industries (TCI) opposed the removal of the Blood Bank Services Division from the award, however, some discussion centred around the question of the operative date of any orders arising out of this decision. Mr Warwick for the HSUA expressed some concern about employees being left award free if a decision came into operation prior to any industrial agreement or award being put into place. Mr Targett for the TCI informed the Commission, that of the 24 employees employed in the Blood Bank Service of the Australian Red Cross Society in Tasmania, only 2.2 employees (full time equivalent) are actually covered by the Hospitals Award and if that was to be discontinued, then the full time equivalent of 1.2 employees would then fall within the Clerical and Administrative Employees (Private Sector) Award and 1 employee only could be considered to be award free. It is my intention to delete Division B - Blood Bank Services from the award for the following reasons: (a) it is part of the Structural Efficiency Programme for the Hospitals Award; (b) it is the agreed position of the parties; and (c) at best, only one employee is covered by this division of the award. The Order giving effect to this decision is attached and it shall be operative from the first full pay period on or after 10 June 1992.
R J Watling Appearances: Date and place of hearing:
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