TASMANIAN INDUSTRIAL COMMISSION

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

Minister administering the State Service Act 2000
(T11550 of 2004)

Transfer of business - application approved - operative date 1 July 2004

REASONS FOR DECISION

[1] This is an application by the Minister administering the State Service Act 2000 (MATSSA) 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) and the Community and Public Sector Union (SPSFT) Inc. (CPSU).

[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 the Rosebery Community Hospital, West Coast Health and Community Service and the Zeehan Medical Union Inc (transferring business) to the Department of Health and Human Services, the new employer (Minister administering the State Service Act) will not be bound by the award and/or agreements that relate to the transferring business, effective from 1 July 2004."

[4] It was submitted on behalf of MATSSA 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] A Memorandum of Understanding (MOU) has been agreed to facilitate the transfer of the employees to take effect from 1 July 2004. The MOU forms the basis of the employment arrangements arising from the transfer.

[6] The transferred employees will be employed in accordance with the State Service Act 2000; salaries and conditions of employment will be in accordance with the Community and Health Services (Public Sector) Award (CHS Award) for non-nursing staff, and the Nurses (Tasmanian Public Sector) Award (Nurses Award) for nursing staff.

[7] Pursuant to s47A the transferred employees will not be bound by the Hospitals Award and the Community Services Award.

[8] The application was approved at a hearing on 28 June 2004, and will take effect from 1 July 2004.

P L Leary
PRESIDENT

Appearances:
Mr J Milbourne for the Minister administering the State Service Act 2000
Mr T Jacobson for the Health Services Union of Australia, Tasmania No 1 Branch
Mr T Lynch for the Community and Public Sector Union (SPSFT) Inc.

Date and place of hearing:
2004
June 28
Hobart