T946 and T947

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984


T.946 & T.947 of 1987	IN THE MATTER OF APPLICATIONS BY THE HOSPITAL EMPLOYEES FEDERATION OF AUSTRALIA, TASMANIA NO. 2 BRANCH TO VARY THE HOSPITALS AND HOSPITAL EMPLOYEES (PUBLIC HOSPITALS) AWARDS

	RE: CALCULATION OF ANNUAL LEAVE

COMMISSIONER J.G. KING	HOBART, 24 November 1987

REASONS FOR DECISION

APPEARANCES:

For the Hospital Employees Federation of Australia Tasmania No. 1 & No. 2 Branches	- Mr D. Holden

For the Royal Australian Nursing Federation (Tasmanian Branch)	- Mr. I.G.M. Grant

For the Tasmanian Public Service Association	- Mr J. Williams

For the Tasmanian Confederation of Industries	- Mr W.J. Fitzgerald

For the Minister for Public Administration	- Mrs S. Gregg with Mr A. Pearce

DATE AND PLACE OF HEARING:

13 October 1987 Hobart 10 November 1987 Hobart

These applications seek the inclusion of a new subclause in the annual leave clauses of all divisions of the Hospitals Award and in Clause 9 - Annual Leave of the Hospital Employees (Public Hospitals) Award as follows:

"Part-Time Employees

Part-time employees who do not receive a 20% loading shall have their annual leave calculated on the average number of hours worked in the year (less the period of annual leave)."

On 13 October 1987, following an outline of the grounds for the application, the proceedings were adjourned to allow discussions between the parties.

On 10 November 1987 the parties indicated that agreement in principle had been achieved, however, there was still concern at the interpretion that might be put on any words produced so far, reflecting that agreement.

Exhibit G.1 submitted by Mrs Gregg, was generally accepted by the parties, if the correct interpretation was applied to its application.

Exhibit G.1 contains the following:

"Clause 9. ANNUAL LEAVE

(a) (iii) Part-Time Employees

Part-time employees (excluding employees who attract the 20% loading) shall be entitled to annual leave based on the number of ordinary hours worked in the leave year.

The leave entitlement shall be calculated as follows:

Part-time hours worked p.a.
Full-time hours p.a.
X
Full-time leave entitlement
1
="

Mr Holden indicated his acceptance of the above provided it was clearly understood that the 'part-time hours worked p.a.' meant over 52 weeks and included any period of annual leave taken in that time.

I accept the agreement of the parties in this matter and will therefore vary the awards accordingly, effective from the first pay period commencing on or after 24 November 1987.

Exhibit G.1 will be the basis of the Commission's orders in these matters. The orders are attached to this decision.

J.G. King
COMMISSIONER

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