T1524, T1525, T1549 and T1550
IN THE TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984
When the Full Bench of the Commission handed down the State Wage Case decision on 5 September 1988, it stated that the award variations arising out of that decision would be processed by individual members of the Commission. Therefore, I convened a conference of the parties to the Hospitals Award on 13 September 1988 for the purpose of examining whether or not certain sections of the Award should be varied as the two Branches of the Hospital Employees Federation of Australia, being parties to this award, gave the commitment in the form required. The Full Bench stated in its decision that:-
This matter was for the purpose of hearing submissions from the parties to this award regarding the divisions that should be varied arising out of the State Wage Case decision as the Royal Australian Nursing Federation, Tasmanian Branch did not give their commitment to the Wage Fixation Principles on the day set out in the decision. At the hearing, Mr. Imlach, on behalf of the two Branches of the Hospital Employees Federation of Australia, maintained there were a number of clear divisions within the Hospitals Award which delineated classifications, and as the unions he represented gave the required commitment, those divisions should be varied. Mr. Grant, representing the RANF, opened his submission by reading into transcript a commitment to the Principles for this award on behalf of his organisation and sought increases to all divisions of the award, including those nursing classifications for whom his organisation had constitutional coverage. In the State Wage Case decision, the Full Bench decided that on Friday, 9 September 1988, there would be a hearing to take the required commitments in the prescribed form from all unions. It also went on to say:-
The purpose of this hearing was not for taking commitments from any organisation, but for the purpose of finalising orders emanating from the State Wage Case decision after certain unions had given the required commitment at the hearing on 9 September 1988. Therefore, I respectfully suggest to the RANF that they should make application if they wish to now give a commitment to the Wage Fixation Principles in accordance with the State Wage Case decision. In relation to the classifications contained in the award affecting the two Branches of the HEF, it is my decision they be varied in the terms of the State Wage Case decision from the first full pay period to commence on or after 15 September 1988. The award is clearly divided into a number of sections and I have satisfied myself that all the unions whose members are covered under clearly delineated sections or divisions have given the required commitment. To make it perfectly clear, those divisions that will be varied are as follows:- Clause 8 - WAGE RATES DIVISION A - STAFF EMPLOYED IN PRIVATE HOSPITALS - SUBDIVISION 2 - ANCILLARY SERVICE AND CLERICAL EMPLOYEES; SUBDIVISION 3 - EXECUTIVE STAFF; Subclause 2. WAGE RATES JUNIORS DIVISION C - EMPLOYEES IN ESTABLISHMENTS PROVIDING CARE FOR AGED PERSONS - SUBDIVISION 2 - TRAINED STAFF; SUBDIVISION 3 - ANCILLARY SERVICE AND CLERICAL EMPLOYEES; Subclause 2. WAGE RATES - JUNIOR WORKERS DIVISION E - EMPLOYEES OF HOMES FOR HANDICAPPED PERSONS AND IN THE CASE OF ST GILES SOCIETY ALSO INCLUDES EMPLOYEES ENGAGED IN AUXILIARY SERVICES AS PROVIDED - Subclause 2. JUNIORS Order: The order giving effect to the State Wage Case decision is attached.
R. J. WATLING |