T4700
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Health Services Union of Australia WELFARE AND VOLUNTARY AGENCIES AWARD
Award variation - Structural Efficiency REASONS FOR DECISION In this matter the Health Services Union of Australia, Tasmania No 1 Branch (HSUA) requested the variation of the Welfare and Voluntary Agencies Award to give effect to certain refinements to the award as a result of ongoing structural efficiency negotiations between the parties. A consent draft order, Exhibit HSUA1, was submitted by Ms Harvey for the HSUA detailing specific variations to various award clauses including Annual Leave; Holidays With Pay; Hours of Work; Overtime; Saturday and Sunday Work; Shift Work, Shift Allowances and Rosters; Sick Leave. With regard to the variation to Clause 48 - Casual and Part Time Employees the parties satisfied me that in the interests of making the award more "user friendly" and in order to avoid misunderstandings relating to casual and part time employment, that the definitions for those categories of employees should be set out in the actual clause dealing with all part time and casual employment provisions. The remaining variations are in keeping with the objects of the Structural Efficiency Principle and are also endorsed. In addition to the foregoing variations, the parties also requested the inclusion in the award of the quantum of annual leave for Seven Day Shift Workers. This has been referred to the President for him to exercise his functions and powers pursuant to Section 15 (1) of the Act in the context of determining whether this matter should be referred to a Full Bench and determined pursuant to Section 35 of the Act. A further issue related to a proposed variation to the Sleep Over allowance in the award. An increase in the allowance from $5.50 to $20.00 a night was sought. Having regard to the Conditions of Employment Principle Ms Harvey requested that this matter be referred to the President for him to determine whether the issue should be considered in accordance with the Special Case Principle. In respect of that submission I conclude that the Allowances Principle is appropriate to the circumstances in question. That particular principle requires that the increase in the Sleep Over Allowance be considered on the basis of work value changes. I understand that a work value case causes the applicant in this matter some concern. Be that as it may I can see no impediment to the case being undertaken in accordance with the relevant wage fixing principle. In that context, given that a comprehensive review may take a considerable period of time, sufficient material may initially be able to be put before the Commission to facilitate an interim adjustment pending the total review of all of the factors associated with Sleep Over. That of course would be dependent on the substance of the case put to the Commission. The remaining variations sought by the parties will be included in the award operative from the first full pay period to commence on or after 10 December 1993. The order is attached.
R K Gozzi Appearances Date and Place of Hearing |