T3478 and T3512 - 29 January
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Health Services Union of Australia HOSPITALS AWARD
New award - wage rates and conditions of employment - granted REASONS FOR DECISION On 18 October 1991 the Commission made a new award to be known as the Nursing Homes Award1. The establishment of this award arose out of the restructuring programme for the Hospitals Award under the Structural Efficiency Principle. On 12 November 1991 the Health Services Union of Australia, Tasmania No. 1 Branch (HSUA) and the Tasmanian Confederation of Industries (TCI) were granted an interest in this award.2 The resumption of this application is for the purpose of determining the wage rates and conditions of employment for the Nursing Homes Award. At the commencement of this hearing the Commission was informed by Mr Warwick of the HSUA that the organisation he represented had made a further application3 to the President pursuant to the Wage Fixing Principles to have this award considered as a "special case". Given the foregoing, Mr Warwick with the support of Mr Targett of the Tasmanian Confederation of Industries (TCI) requested, as an interim measure, the wage rates and conditions of employment currently applying to employees of nursing homes under the Hospitals Award be transferred from that award to the new Nursing Homes Award. Application T.3512 of 1991, which is also before me in this hearing, seeks the deletion of Divisions B and D of the Hospitals Award upon the transfer. This, it was stated, would give the Commission a "starting point" when considering the Special Case application. I endorse the aforementioned request of the parties which is not inconsistent with the Wage Fixing Principles. That means the finalisation of the wage rates for this award will be left to the Bench dealing with the special case application. I put parties on notice that I would expect them to give serious consideration to the question of award modernization for the Nursing Homes Award prior to and when processing the 2.5% increase arising out of the August 1991 State Wage Case Decision. There being nothing left for me to determine in relation to application T.3478 of 1991 it is now closed. However, application T.3512 of 1991 will remain open as the question of the deletion of Division C from the Hospitals Award is still to be determined. This matter will be relisted for hearing on Wednesday, 12 February 1992. The orders giving effect to this decision are attached and they will be operative from the first full pay period to commence on or after 29 January 1992.
R J Watling Appearances: Date and place of hearing: 1 T.3478 of 1991
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