IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

An application (T.780 of 1987) by the Tasmanian Confederation of Industries seeks to vary the Hospitals Award (the Award) as follows:

"Part II - Conditions - Section I - Staff employed in Private Hospitals Clause 1(d) - "Hours - Shift workers, Students and Registered Nursing Staff."

After the proviso to (d) (iii) add a further proviso in the following terms -

Provided further that notwithstanding the provisions of (d) and subject also to the following proviso, by mutual agreement a between a representative of the employer concerned and a majority of the employees concerned within a particular ward or area and with the approval of the appropriate union, the ordinary hours of work for the night shift employees may be extended to 10 per day (inclusive of paid meal break of not more than 25 minutes duration) to be paid for at the appropriate shift rate.

Part II - Conditions - Section III - Aged Persons Homes - after the further proviso to Clause 12(b) add the following clause:

Provided further that notwithstanding the provisions of (d) and subject also to the following proviso, by mutual agreement between a representative of the employer concerned and a majority of the employees concerned within a particular ward or area and with the approval of the appropriate union, the ordinary hours of work for night shift employees may be extended to 10 per day (inclusive of paid meal break of not more than 25 minutes duration) to be paid for at the appropriate shift rate."

The application is not opposed by the employee organizations.

It was submitted by Mr. Fitzgerald that the application seeks to include in the Award provisions which have been in the Hospital Employees (Public Hospitals) Award since 1977.1

As a result of the experience gained in the public sector, private employers are now seeking the ability to extend the ordinary hours of work for night shift employees from eight to ten. In fact one employer (St. John's Hospital) has extended the ordinary hours from eight to ten effective from 6 February 1987. The change was introduced following agreement in principle being reached between the parties at that time.

Experience in the public sector has shown that the ability to introduce a ten hour shift has administrative advantages and is generally favoured by employees. The general nexus between the public and private sector awards is a facilitating factor in this application.

It was submitted that the application did not in any way offend the Wage Fixing Principles, or the public interest considerations required by the Industrial Relations Act 1984.

Agreement had been reached between the parties to 6 February 1987 as the operative date of the Award variation.

Following debate between Mr. Fitzgerald and the Commission it was established that only St. John's Hospital had commenced a ten hour night shift system on 6 February 1987.

In the circumstances the Award will be varied from 9 June 1987 with a retrospective variation applying to St. John's Hospital from 6 February 1987.

I take the opportunity to again urge parties to lodge applications as soon as possible, either in anticipation of agreement being reached or as soon as practicable afterwards. Too often requests are being made for retrospective variations when an oversight or procrastination has caused delays in applications being lodged.

The parties are agreed that there should be a review of the situation in six (6) months from the date of this decision. The review will consider the experience of that six months and further machinery variations to the Award if the new provisions are to remain in the long term.

An order reflecting this decision is attached.

J.G. King
COMMISSIONER

1 A444 of 1977