TASMANIAN INDUSTRIAL COMMISSION

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

Health Services Union of Australia,
Tasmania No. 1 Branch
(T6152 of 1996)

COMMUNITY SERVICES AWARD

Award variation - Clause 2 - Scope - consent matter - operative date ffpp 18/7/96

REASONS FOR DECISION

This application, as amended, comprises a consent application to vary Clause 2 - Scope of the Community Services Award. The purpose of the application is to make provision in the award for coverage of employees undertaking personal care work in non-institutional settings.

The parties' desire to vary the award finds its origins in a decision of the President in matter T6098 of 19961. In that matter the parties applied to the President pursuant to s.43(1) of the Act for a declaration on how they should interpret Clause 2 of the award in relation to personal carers employed by Family Based Care Association (South) Inc. After hearing the parties the President declared that

"an organisation providing services such as those provided by the Family Based Care Association (South) Inc. is excluded from the operation of the award."

The parties' submissions satisfy me that there is nothing in the Wage Fixing Principles or in s.36 of the Act, concerning public interest, that would oblige me to refuse their application. Accordingly, I grant the application and vary the award in terms of the amended consent order. My Order, which accompanies this decision, will take effect from beginning of the first pay period that commences on or after today's date.

B.R. Johnson
DEPUTY PRESIDENT

Appearances:
Mr C. Brown for the Health Services Union of Australia, Tasmania No. 1 Branch.
Mr I. Paterson for the Australian Municipal, Administrative, Clerical and Services Union.
Mr M. Watson for the Tasmanian Chamber of Commerce and Industry Limited.

Date and Place of Hearing:
1996
May 13 (Robinson DP)
July 18
Hobart

1 1 April 1996.