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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Minister administering the State Service Act 2000
Transfer of business - application approved - operative date 1 December 2004 REASONS FOR DECISION [1] This is an application by the Minister administering the State Service Act 2000 (the Minister) 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), the Tasmanian Branch of the Australian Medical Association (AMA), the Community and Public Sector Union Inc (SPSFT) and the Tasmanian Salaried Medical Practitioners Society (TSMPS). [3] The application seeks to:
[4] It was submitted on behalf of the Minister 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 December, 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; the Department of Health and Human Services Tasmanian Visiting Medical Practitioners Agreement 2002 and the Salaried Medical Practitioners Industrial Agreement 2003 will apply as will the Public Sector Unions Wages Agreement 2004. [7] All employees will be given the option of transferring their employment. [8] The union parties confirmed that the process had been a consultative one in which both the union and members had been involved. The union parties supported the application. [9] The application was approved at a hearing on 30 November, 2004, and will take effect from 1 December, 2004. ORDER Pursuant to s47(A) of the Industrial Relations Act 1984, we hereby order that upon transfer of employees from Mersey Community Hospital to the Department of Health and Human Services, the Healthscope Limited and Health and Community Services Union Enterprise Bargaining Agreement 2002 and the Hospitals Award will have no application to those employees effective 1 December, 2004.
P L Leary Appearances: Date and place of hearing: |
