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T4697

 

TASMANIAN INDUSTRIAL COMMISSION

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

Tasmanian Public Service Association
(T.4697 of 1993)

COMMUNITY AND HEALTH SERVICES (PUBLIC SECTOR) AWARD

 

COMMISSIONER R J WATLING

HOBART, 15 November 1993

Award variation - Clause 2 - Scope - inclusion of Scientific Officers Award - consent matter - award varied - operative 12 November 1993

REASONS FOR DECISION

On 7 October, 1993, a Full Bench of the Commission made a new award titled the Community and Health Services (Public Sector) Award1.

The Order arising out of that decision listed a number of awards that would remain operative within the Department of Community and Health Services until the making of the Community and Health Services (Public Sector) Award had been finalised in respect of rates of pay and conditions of employment.

This appliction, lodged by the Tasmanian Public Service Association, sought to include the Scientific Officers Award in that list of awards previously mentioned as certain employees within the Department of Community and Health Services, who currently fall within the Scope of the Scientific Officers Award, will eventually be covered by the Community and Health Services (Public Sector) Award.

This application, which was supported by all parties to the award, is endorsed by the Commission because -

(a) if the Scientific Officers Award was not listed in the awards preserved, arising out of application T.4014 of 1992, then it may lead to an argument as to whether those employees are award free. This is certainly not the intention of the Commission; and

(b) it could be said that the non-inclusion of the Scientific Officers Award in the draft order arising out of T.4014 of 1992, presented by the parties during the course of that hearing, was an oversight on their part.

The Order giving effect to this decision is attached.

 

R J Watling
COMMISSIONER

Appearances:
Mr P Mazengarb for the Tasmanian Public Service Assoicaiton.
Mr T Kleyn for the Health Services Union of Australia, Tasmania No. 1 Branch.
Mr M Stevens for the Minister administering the Tasmanian State Service Act 1984.

Date and place of hearing:
1993
Nov 12
Hobart

1 T4014 of 1992