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T5745

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s23 application for an award or variation of an award

Health Services Union of Australia, Tasmania No. 1 Branch
(T5745 of 1995)

NURSING HOMES AWARD

 

PRESIDENT F D WESTWOOD

4 SEPTEMBER 1995

Award variation - second $8 safety net adjustment and removal of Trainee Clerk provision

REASONS FOR DECISION

In this matter the Health Services Union of Australia, Tasmania No. 1 Branch (the HSUA) sought variation of the Nursing Homes Award to reflect the second arbitrated safety net adjustment of $8 per week as determined in the State Wage Case in December 19941.

Mr Brown, appearing for the HSUA, submitted that the application satisfied the tests enunciated in the Wage Fixing Principles, in particular Principle 7.2.1 given that the award had been varied for the first $8 per week safety net adjustment effective from 6 February 1995, and that it conformed with Principle 7.2.2 as six months had elapsed since the first $8 per week variation had been effected. He sought an operative date of 30 August 1995 being the date of hearing.

It was also proposed that subclause C, entitled "Section 3 - Wages - Trainee Clerks (as defined)" should be deleted from Clause 8 as it was no longer relevant given the new training award provisions. Mr Brown submitted that he knew of no trainee clerks being employed under that provision as it was contrary to the requirements of the Training Authority.

Mr Targett, appearing for the Tasmanian Chamber of Commerce and Industry, said that the Chamber did not oppose the granting of the application and agreed that an operative date on or after 30 August 1995 would be appropriate.

I consider that the application does accord with the Wage Fixing Principles and that it is in the public interest. Accordingly the application to vary the award is approved, operative from the first full pay period to commence on or after 30 August 1995. The order is attached.

 

F D Westwood
PRESIDENT

Appearances:
Mr C Brown for the Health Services Union of Australia, Tasmania No. 1 Branch
Mr P Targett for the Tasmanian Chamber of Commerce and Industry Limited

Date and place of hearing:
1995
Hobart:
30 August

1 T5214 of 1994 dated 20 December 1994