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Tasmanian Industrial Commission

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T3593 and T3622

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.29 application for hearing of an industrial dispute

Health Services Union of Australia
Tasmania No. 1 Branch

(T.3593 of 1991)

Australian Nursing Federation
(Tasmanian Branch)

(T.3622 of 1991)

and

Florence Nightingale Memorial Home

 

COMMISSIONER R J WATLING

16 December 1991

Redundancies due to closure of home

REASONS FOR DECISION

These applications were lodged by the Health Services Union of Australia, Tasmania No. 1 Branch and the Australian Nursing Federation, (Tasmanian Branch) pursuant to section 29(1) of the Industrial Relations Act 1984 for the purpose of settling an industrial dispute between the respective organisations and Florence Nightingale Memorial Home.

The dispute arose when the unions placed a claim on the Home for redundancy payments for employees who are going to lose their job when the Home closes on 31 December 1991.

Approximately 30 employees were given formal notice on 26 November 1991 that their employment would be terminated on 31 December 1991.

The unions, along with the Tasmanian Confederation of Industries for the Home, presented opening submissions to acquaint the Commission with the facts associated with the impending closure. The hearing was then adjourned into private conference under the guidance of the Commission.

At the conclusion of that process the parties informed the Commission that an agreement had been reached that would see the resolution of this dispute.

The settlement is as follows:

    (1)  all employees will receive 2 weeks pay for each completed year of service;

    (2)  a weeks pay shall mean,

      (a)  the weekly base rate for the classification, plus
      (b)  any penalties, plus
      (c)  casual loading, plus
      (d)  any work related allowances.

    (3)  all payments shall be separate and identifiable from monies owed for annual leave, annual leave loading and long service leave.

This agreed package is endorsed by the Commission as being appropriate given the circumstances.

As the subject matter of this application has been settled to the mutual satisfaction of the parties and the Commission, these files will now be closed.

 

R J Watling
COMMISSIONER

Appearances:
Ms R Harvey with Mr C Stringer for the Health Services Union of Australia, Tasmania No. 1 Branch.
Mr D Heapy for the Australian Nursing Federation, (Tasmanian Branch).
Mr W Fitzgerald with Mr G Brown for the Florence Nightingale Memorial Home.

Date and place of hearing:
1991
December 13
Hobart