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T877, T987 and T1094

 

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

 

T.877 of 1987

IN THE MATTER OF AN APPLICATION BY THE HOSPITAL EMPLOYEES FEDERATION OF AUSTRALIA, TASMANIA N0. 1 BRANCH TO VARY THE HOSPITALS AWARD

   
 

RE: ANNUAL LEAVE

   

T.987 of 1987

IN THE MATTER OF AN APPLICATION BY THE ROYAL AUSTRALIAN NURSING FEDERATION (TASMANIAN BRANCH) TO VARY THE HOSPITALS AWARD

   
 

RE: ANNUAL LEAVE

   

T.1094 of 1987

IN THE MATTER OF AN APPLICATION BY THE HOSPITAL EMPLOYEES FEDERATION OF AUSTRALIA, TASMANIA N0. 1 BRANCH TO VARY THE HOSPITALS AWARD

   
 

RE: ANNUAL LEAVE

   

COMMISSIONER J.G. KING

HOBART, 29 June 1988

   

REASONS FOR DECISION

   

APPEARANCES:

 
   

For The Hospital Employees
Federation of Australia
Tasmania No. 1 Branch

- Mr. P. Imlach

   

For the Tasmanian Public Service
Association

- Mr. R. Miller (16.9.87)

   

For the Royal Australian Nursing Federation (Tasmanian Branch)

- Mr. I.G.M. Grant

   

For the Minister for Public Administration

- Mrs. S. Gregg with
  Mr. A. Pearce (16.9.87) and
  Mr. C. Shirley

   

DATE AND PLACE OF HEARING:

 

16.9.87 Hobart (T.877 with T.876 of 1987)
8.10.87 Hobart (T.877 of 1987)
16.5.87 Hobart

 

T.877 of 1987 was first listed for hearing on 16 September 1987 with a similar application (T.876 of 1987) to vary the Hospital Employees (Public Hospitals) Award. The public sector application was resolved by agreement, reflected in a decision and order from the Commission dated 20 January 1988.

The three applications the subject of this decision were joined for hearing purposes in proceedings before the Commission on 16 May 1988. Applications T.987 and T.1094 of 1987 being listed for the first time on that date. At the conclusion of proceedings, the parties were to further discuss a possible agreed clause to be inserted in the Hospitals Award (the Award).

On 27 May 1988, 1 was advised in writing by the Hospital Employees Federation of Australia, Tasmania No. 1 Branch (HEF No 1) that agreement had subsequently been reached. A proposed draft clause was enclosed with the above dated communication.

The agreement is intended, as it was in the public sector matter, to provide the same conditions for part-time shiftworkers (whose place upon a roster rotates) as apply to full-time shift workers, re public holiday entitlements.

As in the public sector matter, I will record for the benefit of all concerned my understanding of the intent of the award changes. They are designed to provide for part-time shift workers, who occupy a permanent rotating position on a roster, being paid and afforded annual leave (particularly additional days in lieu of public holidays) on the same basis as full time shift workers. The additional days to be paid and granted on a pro-rata basis in accordance with the employees' projected roster.

I also record, that I believe the agreed position of the parties to be an equitable solution to these claims.

The date of operation of the Commission's order will be the first pay period commencing on or after 29 June 1988.

 

J.G. King
COMMISSIONER