T2005
IN THE TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984
In this matter The Hospital Employees Federation of Australia, Tasmania Branch made application in the following terms: "The H.E.F. seeks to vary the Hospitals Award Division B - Employees in Establishments Providing Care for Aged Persons, Division 2 Trained Staff, by including the new classification of Podiatrist.
The claim by the H.E.F. is in accordance with the Tasmanian Industrial Commission principles as set out in decision T1524, 1525, 1549 and 1550 of 1988. In particular, the claim is in accordance with the principle - First Awards and Extensions of Existing Awards." Mr. Holden, representing the union, informed the Commission that, to his knowledge, there was only one private nursing home employing a Podiatrist and as there was no award rate or classification appearing in the award that employee was currently award-free, hence the reason for the application. Mr. Fitzgerald, representing the Tasmanian Confederation of Industries, fully supported the application made by the HEF. DECISION: Even though the range of this application is limited, at this stage, nevertheless I believe that employees of this calling are entitled to be covered by their appropriate award. Therefore I determine that the classification of `Podiatrist' be inserted in the Hospitals Award in the Division requested by the parties. It was put to me during the course of submissions that the `Podiatrist' currently employed in a private nursing home was being paid the rates of pay outlined in the application. The Wage Fixing Principles state that when extending an existing award to new work or award-free work the rates applicable to such work shall be assessed by reference to the value of the work already covered by the award. I am satisfied that the rates claimed for `Podiatrist' in this matter: (a) conform with that Principle; and (b) are exactly the same as those determined by a Full Bench of this Commission arising out of application T1358 of 1988. In granting the claim I point out that the rates of pay will appear in the award as weekly amounts rounded off to the, nearest 10 cents. OPERATIVE DATE: I endorse the agreed date submitted by the parties, that being the first full pay period to commence on or after 9 November 1989. ORDER: The Order giving effect to this decision will be included in the Orders arising out of applications T822, 857 and 871 of 1987 and T1832 of 1989.
R J Watling
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