T4612 and T4625
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Tasmanian Chamber of Commerce and Industry Limited Health Services Union of Australia NURSING HOMES AWARD
Award variation - Annual Leave - Holidays With Pay - Protective Clothing and Safety Requirements - minor amendments for clarification purposes - consent matter - award varied - ffpp 25 October 1993 REASONS FOR DECISION On 23 December 1992, the Commission in its decision arising out of applications T.3987 and T.3926 of 1992 determined wage rates and conditions of employment for the Nursing Homes Award. At the time the parties agreed certain matters be determined by a Full Bench of the Commission given the impact any decision might have on other awards of the Commission. Those matters were: 1. whether the award should provide a half day holiday for Cup Day; and 2. the rate of pay a rostered part-time and full-time employee would receive for the additional days taken at the time of annual leave. Those additional days being in lieu of payment for work undertaken on the holidays with pay specified in the award; Those matters were referred by me to the President with a recommendation they be heard by a Full Bench of the Commission. These matters do not form part of this application. The applications now before me for hearing and determination, lodged by the Tasmanian Chamber of Commerce and Industry Limited and the Health Services Union of Australia, Tasmania No. 1 Branch respectively, were made for the purpose of varying the Nursing Homes Award to: 1. re-title Clause 11 - Annual Leave, subclause (c); 2. insert a new proviso in Clause 11 - Annual Leave, subclause (c) (ii) to provide for no double counting when an employee has been paid the appropriate holiday rate of pay and also has that day added to their annual leave; 3. clarify provisions in respect of part-time employees on a rotating and non-rotating roster; 4. include a more specific provision in Clause 23 - Holidays with Pay specifying the method and the amount to be paid to employees who are required to work on any of the holidays with pay listed in the award; and, 5. clarify when compensation will be paid to employees if their clothing is damaged, destroyed by fire or the use of corrosive substances. These amendments were sought to solve some implementation problems being experienced in the industry by both employers and employees. The award variations do nothing more than confirm the agreed position annunciated during the course of hearing applications T.3926 and T.3987 of 1992. I am prepared to accept the agreement presented by the parties, as the amendments make the award provisions more specific thus enabling them to be easily interpreted by all parties in the industry. In arriving at this conclusion I have also noted that the variations to Clauses 11, 23 and 36 do not interfere with the matters that have been referred to the Full Bench for their consideration. The Order giving effect to this decision is attached and shall be operative from the first full pay period to commence on or after 25 October, 1993.
R J Watling Appearances: Date and place of hearing:
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