T647
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IN THE TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984
The amended application in this matter seeks to vary the Hospitals Award by extending the Director of Nursing salary range of five steps in Part I, Section III one additional increment as under: "Director of Nursing (Qualified) - In a home with a bed capacity of - (i)... A similar application (T.561 of 1986) lodged by the Hospital Employees' Federation of Australia (Tasmanian Branch No. 1) was withdrawn at the commencement of proceedings before the Commission on 19 February 1987. I was advised that agreement had been reached in this matter and that the variation to the award could be processed in accordance with Principle 10 - First Awards And Extensions Of Existing Awards. The circumstances warranting the extension of the scale are that the St. Anns Rest Home had in recent months increased its capacity to approximately 130 beds. It was submitted the increase in rate sought ($26.50 per week) and the new bed range 121-150 are consistent with the existing scale and are a logical extension of the current award. It was further submitted that there was no offence to the public interest considerations required to be taken into account by the Commission in such matters. The increased rate would apply to one employee only and would have no flow on consequences either within or without the Hospitals Award. Mr. Heapy appearing for the Royal Australian Nursing Federation raised what he considered was an existing problem in the award which had been highlighted by this application. In effect he foreshadowed to the Commission and the parties that his organization is giving consideration to a further application, to vary the Assistant Director of Nursing salary scale. Having carefully considered the submissions of the parties I am prepared to endorse the agreement and vary the Hospitals Award accordingly. The date of operation of the award variation will be the first pay period commencing on or after 4 March 1987. I note Mr. Heapy's submission concerning the Assistant Director of Nursing salary scale. While it could be said that any subsequent application to vary the scale for that classification is in fact a "flow on" claim, I am not prepared to dismiss this application on that basis alone. In any case I accept the view expressed by Mr. Fitzgerald when he said: "There seems currently to exist a potential problem between the Director of Nursing and the Assistant Director of Nursing." (Transcript page 11) This application simply highlights that problem and to some extent, given my decision, exacerbates it. Should the RANF seek to vary the Hospitals Award by changing the Assistant Director of Nursing salary scale, the parties are invited to give consideration to a more appropriate means of differentiating salaries than by reference to bed numbers. I have considerable doubts about its appropriateness as it suggests that all other considerations are the same or constant. An order reflecting this decision is attached.
J.G. King
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