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Tasmanian Industrial Commission
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T4014 and T5376



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

Health Services Union of Australia,
Tasmania No. 1 Branch

(T.4014 of 1993)

The State Public Services Federation Tasmania
(T.5376 of 1995)




HOBART, 10 March 1995

Making of new award - salaries - classification standards - definitions - conditions of employment - granted


Arising out of application T.4014 of 1992 a Full Bench of the Commission, on 7 October 1993, determined that a new enterprise award should be made and known as the Community and Health Services (Public Sector) Award (the award). At the same time it determined the scope of the award and that all outstanding matters be referred to me for hearing and determination.

In my Reasons For Further Decision, dated 25 February 1994, I determined the salary levels, classification standards and definitions for professional, technical, administrative and clerical and operational employees. I indicated in that decision that the Orders arising out of that part of the application would follow in due course.

Having determined the salaries, I had this to say about the conditions of employment

"To finalise the making of this new award there is a need for the parties to continue their discussions on conditions of employment with a view to achieving one set of conditions which can be universally applied to all persons. falling within the Scope of this award. "

The hearing of application T.4014 of 1992 resumed for that purpose on 16 February 1995, at which time the applicant sought and was granted leave to amend the application to include the consideration of the following matters




Abandonment of Employment

Accommodation & Other Requirements


Annual Leave


Board & Lodging

Casual Employees

Compassionate Leave

Contract of Employment

Excess Fares

Grievance & Dispute Settlement

Holidays with Pay


Hours of Work (Day Worker)

Leave Expenses-Bass Strait Islands

Lifting of Patients

Maternity Leave

Meals on Duty

Notice Board

Overtime (Other than Shiftworkers)

Part-Time Employees

Payment of Wages

Recall, On Call and Close Call

Protective Clothing & Safety Appliances

Salary Increments

Shift Work

Sick Leave

Special Rates


Union Officials Right of Entry

Union Representatives/ Stewards

Work Above Floor Level

Work Away From Normal Place


Application T.5376 of 1995, lodged by The State Public Services Federation Tasmania on 8 February 1995, was made in identical terms.

During the course of the hearing to finalise the making of this new enterprise award an exhibit (HSUA 14) was submitted for the purpose of identifying the agreement of the parties relating to conditions of employment. It was put to me that these matters were subject to lengthy and sometimes difficult negotiations.

The parties agreed that award restructuring was a continuing process and together with enterprise bargaining in the future there would be further examination of the award. It was their submission that the making and finalisation of the new award was consistent with the Wage Fixing Principles and section 36 of the Act.


The parties presented a position of unqualified support for the adoption of the conditions outlined in exhibit HSUA 14, being the result of a somewhat lengthy and arduous process which at times, led to industrial disputation.

The final process in the making of this award is to determine the conditions of employment and in the main, the agreement reflects existing conditions, however, an attempt was made to modernise the language, remove gender specific language and delete clauses that no longer have relevance in the industry.

Even though I have some reservations about one or two of the conditions, nevertheless, I am prepared to endorse the package as presented by the parties with a few minor variations.

The Orders giving effect to this part of the application as well as the Orders arising out of earlier decisions is attached.

There will be various operative dates for this decision and they are outlined in the Order.


R J Watling

Mr T Kleyn for the Health Services Union of Australia, Tasmania No. 1 Branch.
Mr P Mazengarb for The State Public Services Federation Tasmania.
Mr A Kelly with Mr J Bone for the Minister for Public Sector Management.

Date and place of hearing:
Feb 16