TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for an award or variation of an award

Tasmanian Chamber of Commerce and Industry Limited
(T8222 of 1999)

MEDICAL DIAGNOSTIC SERVICES (PRIVATE SECTOR) AWARD

Award variation - Medical Diagnostic Services Award - insertion of new clause, Recall and On-Call - application withdrawn - proceedings discontinued - application dismissed - file closed

REASONS FOR DECISION

This was an application to vary the Medical Diagnostic Services (Private Sector) Award lodged on 28 January 1999 by the Tasmanian Chamber of Commerce and Industry Limited (the TCCI) pursuant to section 23 of the Industrial Relations Act 1984. The application sought to insert, by consent, a new clause - Recall and On-Call, which was to apply to only one employer in the industry. The application was to be dealt with by Deputy President Johnson.

In correspondence to the President dated 10 May 1999, the Deputy President advised that after discussing the application with the parties he had formed the view, and informed the parties accordingly, that the application:

(1)  may be one that falls within the scope of Principle 13 of the Wage Fixing Principles (Making and Varying an Award Above or Below the Safety Net), and

(2)  that it may be contrary to the public interest provisions of section 36.

As the parties wished to proceed with the application the Deputy President considered, for the reasons outlined above, the matter was one that should be dealt with by a Full Bench. Accordingly he referred the matter to the President.

The matter came before us for hearing on 24 May 1999. After hearing preliminary submissions, the proceedings were adjourned into conference.

Subsequently the two parties concerned, the TCCI and the Health Services Union of Australia, Tasmania No. 1 Branch, made application for approval of an industrial agreement1 to effect the award variations sought by this application. During those proceedings Mr Watson, for the TCCI in both matters, advised Deputy President Johnson that the TCCI wished to withdraw Application T No. 8222 of 1999 and asked that the file be closed.

In view of the above and pursuant to the provisions of section 21(2)(c) of the Act, proceedings in this matter are discontinued, the application is dismissed and the file is closed.

F D Westwood
PRESIDENT

Appearances:
Mr M Watson for the Tasmanian Chamber of Commerce and Industry Limited
Mr C Brown for the Health Services Union of Australia, Tasmania No. 1 Branch

Date and place of hearing:
1999
May 24
Hobart

1 T No. 8651 of 1999