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TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s47A Enforcement of awards and registered agreements after transfer of business

Tasmanian Chamber of Commerce and Industry Limited
on behalf of MIA Tasmania Pty Ltd
(T11107 of 2003)

 

FULL BENCH:
PRESIDENT P L LEARY
DEPUTY PRESIDENT R J WATLING
COMMISSIONER T J ABEY

HOBART, 20 October 2003

 

Transfer of business - application approved - operative date 20 October 2003

REASONS FOR DECISION

[1] This is an application by the Tasmanian Chamber of Commerce and Industry (TCCI) made pursuant to s.47A of the Industrial Relations Act, 1984 (the Act).

[2] The application is made with the consent of the Health Services Union of Australia, Tasmania No. 1 Branch (HSUA).

[3] The application seeks to:

".....waive the provisions of Section 47A, subsection (2)(a) of the Industrial Relations Act 1984, so that upon transfer of employees from Healthscope (the transferring business) to MIA Tasmania Pty Ltd (the new employer), the new employer will not be bound by the agreement that relates to the transferring business, effective from 20 October, 2003."

[4] It was submitted on behalf of the TCCI that the application is made following extensive consultations between the parties and the individual employees likely to be affected by the transfer of the business.

[5] MIA Tasmania Pty Ltd will take over the provision of radiology services at Hobart Private Hospital on 20 October, 2003. Following consultation with the HSUA it has been agreed that existing Healthscope employees will be offered employment with MIA Tasmania Pty Ltd.

[6] All employees will be given the option of transferring their employment.

[7] The transferred employees will be employed in accordance with the terms of the MIA Tasmania Pty Ltd Industrial Agreement 2002 and the Medical Diagnostic Services (Private Sector) Award.

[8] HSUA confirmed that the process had been a consultative one in which both the union and members had been involved. HSUA supported the application and said it was appropriate that the employees transfer and be employed pursuant to the relevant agreement and award of the new employer.

[9] Further it was submitted that offers of employment had been made which included an offer of a `one off' payment which recognised a difference in the rates or pay which will apply if the employment offered is accepted.

[10] The application is approved and will take effect from 20 October, 2003.

 

P L Leary
PRESIDENT

Appearances:
Mr M Watson for Tasmanian Chamber of Commerce and Industry Limited on behalf of MIA Tasmania Pty Ltd
Mr T Jacobson for Health Services Union of Australia, Tasmania No 1 Branch

Date and place of hearing:
2003
October 10
Hobart