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T4500 and T4555

 

TASMANIAN INDUSTRIAL COMMISSION

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

Tasmanian Chamber of Commerce and Industry Limited
(T.4500 of 1993)

Health Services Union of Australia
Tasmania No. 1 Branch

(T.4555 of 1993)

MEDICAL DIAGNOSTIC SERVICES (PRIVATE SECTOR) AWARD

 

COMMISSIONER R J WATLING

HOBART, 1 September, 1993

Award variation - Clause 7 - Definitions - Professional Employee classification definitions - consequential variation to Clause 8 - Wage Rates - consent matter - award varied - ffpp 31 August 1993

REASONS FOR DECISION

On 19 May 1993, the Commission handed down a decision arising out of application T.3524 of 1991, which saw the final determination establishing the Medical Diagnostic Services (Private Sector) Award.

The Order arising out of that decision contained wage rates and conditions of employment for administrative, operational, technical and professional employees falling within the scope of the award.

These applications, lodged by the Tasmanian Chamber of Commerce and Industry Limited and the Health Services Union of Australia, Tasmania No. 1 Branch , were identical in nature. Both applications sought to clarify certain definitions within the professional stream and make minor adjustments to the grades within that stream.

The parties to the hearing presented an agreed position to the Commission, stating that the variations were sought because of unforeseen difficulties associated with the translation of existing employees to the new professional stream.

Having heard the submissions of the parties I am satisfied that there is a need to make a slight adjustment to the professional stream to assist the award implementation within the industry.

The amendments sought do not vary the overall integrity of the professional stream and will very much assist the translation process within the various enterprises covered by the award.

As a consequence of the amendments made to the classification standards and definitions, there is a need to amend Clause 8 - Wage Rates, Division 1, subclause (a), paragraph (iv). That amendment will not have any effect on the relativities placed in the award when it was first established.

As this is a first award for this industry and `teething problems' have been identified, its important that such implementation difficulties are rectified, thus making the award consistent with the practises currently applying within the industry.

The applications conform with the Wage Fixing Principles and the Public Interest requirements of the Act, therefore, the award will be amended in the terms sought by the parties.

The Order giving effect to this decision is attached and will be operative from the first full pay period to commence on or after 31 August, 1993.

 

R J Watling
COMMISSIONER

Appearances:
Mr P Targett for the Tasmanian Chamber of Commerce and Industry Limited.
Ms R Harvey with Mr T Kleyn for the Health Services Union of Australia, Tasmania No. 1 Branch.

Date and place of hearing:
1993
Aug 31
Hobart