T10751
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Health Services Union of Australia, Tasmania No. 1 Branch and Minister Administering the State Service Act 2000 DEPARTMENT OF HEALTH AND HUMAN SERVICES' ROY FAGAN CENTRE SHIFT WORK ARRANGEMENTS AGREEMENT 2003
Industrial agreement - application approved - operative date 27 April 2003 for 1 year - forwarded to A/Registrar for registration REASONS FOR DECISION (1) On 18 March 2003 the Health Services Union of Australia, Tasmania No. 1 Branch (HSUA) and the Minister Administering the State Service Act 2000 lodged with the Acting Registrar, pursuant to Section 55(2) of the Industrial Relations Act 1984, the Department of Health and Human Services' Roy Fagan Centre Shift Work Arrangements Agreement 2003. (2) When this matter came on for hearing on 3 April 2003 at the Commonwealth Law Courts, 39-41 Davey Street, Hobart, Ms L McDougall, with Mr T Kleyn, appeared for the HSUA. Mr R Miller sought leave to intervene for The Community and Public Sector Union (State Public Services Federation Tasmania) Inc. Mr D Johnston appeared for the Minister. (3) Both the Minister and the HSUA indicated that the CPSU application to be joined as a party to the agreement was not opposed. (4) Mr Johnston explained that this Agreement is to facilitate the working of 11 hour 15 minute shifts on a "three on three off" basis. (5) A document titled "Implementation Arrangements" had been agreed by the parties to remove any doubts or uncertainties as to how the shift rosters would be applied. This document is contained in the Commission file as a supplement to the Agreement. (6) Ms McDougall supported the submissions of Mr Johnston and advised that HSUA members had endorsed the Agreement. (7) Mr Miller supported the approval of the Agreement. He noted that the provision of an unpaid meal break was consistent with the needs of the centre but should not be construed as endorsement by his organisation of unpaid meal breaks for shift workers in a wider sense. (8) I am satisfied that the Agreement is consistent with both the Wage Fixing Principles and the public interest requirements of the Act. (9) Pursuant to Section 55[4] the Agreement is approved operative from 27 April 2003 and shall remain in force for a period of 1 year. (10) The file will now be referred to the Acting Registrar for registration in accordance with the requirements of Section 56(1) of the Act.
Tim Abey Appearances: Date and Place of Hearing: |