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T2709

 

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application to vary an award

Hospital Employees' Federation,
Tasmania Branch
(T.2709 of 1990)

and

Tasmanian Confederation of Industries

HOSPITALS AWARD

 

COMMISSIONER R J WATLING

14 March 1991

Wage Rates - State Wage November 1989 - Structural Efficiency Principle - second stage

REASONS FOR DECISION

The Hospital Employees' Federation of Australia, Tasmania Branch, being the applicant in this matter, sought to vary the Hospitals Award to (a) reflect the second structural efficiency adjustment in all divisions of the award and (b) remove from the award all wage rates, conditions of employment and reference to registered nurses.

Ms. Crotty, on behalf of the Hospital Employees' Federation of Australia, Tasmania Branch presented an agreed structural efficiency package negotiated between the organisation she represented and the Tasmanian Confederation of Industries on behalf of the employers falling within the scope of the award.

Included in the agreement was

(1) a programme and timetable to finalise negotiations on the new classification structures to be inserted in the award;

(2) an understanding on award modernisation and the need for training; and

(3) a statement on structural efficiency.

The Hospital Employees' Federation indicated that it was their intention to have the major portion of the outstanding issues finalised by 1 March, 1991, however, if agreement could not be reached then they would be calling on the Commission to arbitrate the unresolved issues.

Other agreed matters to be inserted in the award include:-

(a) Provision for Enterprise Flexibility.

(b) A clause to enable part-time employees who are eligible to receive the 20% loading in lieu of sick leave, annual leave and public holidays to forfeit the loading and take, on a pro-rata basis, the three previous conditions.

(c) time off in lieu of overtime at the penalty equivalent, and,

(d) clarification of the higher duties allowance.

In respect to the deletion of all reference to nurses from the award, the Commission was informed that the main reason in supporting this part of the application was

(a) that virtually all nurses were now covered by a Federal award thus rendering the provisions obsolete; and

(b) the State Wage Case decision required restructuring to be carried out on an award by award basis. As nurses' classifications were not part of the restructuring exercise, the deletion of such classifications would enable the award to be restructured in respect to all non-nursing classifications.

At this time the Federal award for nurses previously covered by this award does not contain a provision for Occupational Superannuation, however, it was the submission of the parties that application would be made pursuant to Section 55 of the Industrial Relations Act, 1984, to file an Industrial Agreement with this Commission. This, it was said, was the only provision currently applying to nurses and the filing of such an agreement would ensure they would not be left award free in this area.

Having considered the submissions of the parties I have arrived at the conclusion that the package taken as a whole including the ongoing programme relating to classification structures, is sufficient to warrant the granting of the second structural efficiency increase and I decide accordingly.

I also endorse the submission presented to delete all reference to nurses from the award in view of the fact that they are now covered by a Federal award and they do not form part of the restructuring programme for this award.

The operative date of this decision will be the date agreed to by the parties at the hearing i.e. the first full pay period to commence on or after 16 January, 1991 and the orders giving effect to it are attached.

 

R J Watling
COMMISSIONER

Appearances:
Ms G Crotty with Mr D Rees and Mr I Linnell for the Hospital Employees' Federation of Australia, Tasmania Branch.
Mr. W Fitzgerald for the Tasmanian Confederation of Industries.

Date and Place of Hearing:
1991
January 16
Hobart.