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T4221 and T4250

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award or award variation

Health Services Union of Australia
Tasmania No. 1 Branch

(T.4221 of 1993)

Tasmanian Confederation of Industries
(T.4250 of 1993)

NURSING HOMES AWARD

 

COMMISSIONER R J WATLING

26 February 1993

Award variation - wage rates - first increase of a series of phased wage adjustments emanating from SEP process - insertion of new proviso in Clause 27 - Meals - duration of meal break may be altered by agreement between the employer and employee - minor amendment to cross referencing in Clause 30 - Overtime - consent matters - award varied - ffpp 25 February 1993

REASONS FOR DECISION

These applications were lodged by the Health Services Union of Australia, Tasmania No. 1 Branch and the Tasmanian Confederation of Industries for the purpose of varying the Nursing Homes Award to:

1. reflect the first of a series of increases arising out of the restructuring of the award under the Structural Efficiency Principle;

2. rectify an error that occurred when the award was originally made in Clause 30 - Overtime subclause (a) (iv) and specifically the cross reference to Clause 38 - Roster (as defined); and

3. enable greater flexibility in the duration of meal breaks contained in Clause 27 - Meals.

All these matters came before the Commission as an agreed package with the parties requesting the Commission to endorse the proposals operative from the first full pay period to commence on or after 25 February 1993.

In the decision1 arising out of the restructuring of the Nursing Homes Award, the Commission noted that the parties had reached an agreement that would see increases in wage rates, arising out of the structural efficiency programme, being phased in over four instalments for which a separate application would be made on each occasion.

During the course of this hearing the parties foreshadowed that it was their intention for the increases to apply (upon the lodging of separate applications) as follows:

(a) first instalment to be operative from the first full pay period to commence on or after 25 February, 1993;

(b) second instalment to be operative from the first full pay period to commence on or after 1 July, 1993.

(c) third instalment to be operative from the first full pay period to commence on or after 1 January, 1994; and

(d) fourth instalment to be operative from the first full pay period to commence on or after 1 July, 1994.

The other variations, being minor in nature, assist in making the award more flexible.

All these variations are endorsed by the Commission as they are in keeping with the Wage Fixing Principles and the Public Interest requirements of the Act. It is also noted that the amendments in the wage rates are in keeping with the previously agreed agenda.

The Order giving effect to this decision is attached and will be operative from the first full pay period to commence on or after 25 February, 1993.

 

R J Watling
COMMISSIONER

Appearances:
Mr R Warwick for the Health Services Union of Australia, Tasmania No. 1 Branch.
Mr P Targett for the Tasmanian Confederation of Industries.

Date and place of hearing:
1993
Feb 25
Hobart

1 T.Nos. 3987 and 3926 of 1992