IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

These applications, made by the Hospital Employees Federation of Australia Tasmania No. 2 and 1 Branches, sought to vary the Hospitals Award by reducing the qualifying period for higher duties allowance for technical and clerical staff in Divisions A and C from 10 working days to 5 days or more in line with that presently applying for registered nursing staff.

Mr. Holden, representing the HEF2&1, submitted that the subject matter of this application had been tested before a Full Bench of this Commission in matter T760 of 1987 which agreed to include a higher duties provision and an extra duties allowance in the General Conditions of Service Award.

He advised the Commission it was as a result of that decision, the HEF2&1 made application for the same provisions to be inserted in the Hospital Employees (Public Hospitals) Award. The applications now before the Commission, to vary the Hospitals Award, he submitted, would tidy-up the current verbage contained in the award and maintain the nexus which exists between the previously-mentioned public sector hospitals award and the private sector hospitals award.

It was Mr. Holden's submission that the proposed award variations were consistent with Section 36 of the Act and that the Commission should grant the claim with an operative date as from the first full pay period to commence on or after 17 November 1988.

The submissions presented by Mr. Holden were supported by Mr. D. Heapy, representing the Royal Australian Nursing Federation, Tasmanian Branch.

Mr. Fitzgerald, representing the Tasmanian Confederation of Industries, indicated his consent to the award variations as sought by the applicants in this matter and agreed that the operative date should be as from the first full pay period to commence on or after 17 November 1988.

Decision:

The applications receive my support and the award will be varied in the manner sought by the parties.

There is no doubt in my mind that this matter was fully tested in the case presented to the Full Bench in T760 of 1987 and I see no useful purpose in rehashing the finer detail of that matter.

Operative Date:

The operative date of the foregoing variations shall be as from the first full pay period to commence on or after 17 November 1988.

Order:

The order giving effect to this decision is attached.

R J Watling
COMMISSIONER