T8154
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Australian Liquor, Hospitality and HEALTH AND FITNESS CENTRES AWARD
Award variation - insertion of Carer's Leave Clause - consequent changes - operative 3 Feb 99 REASONS FOR DECISION This is an application under section 23 of the Industrial Relations Act 1984 (the Act) for a variation to be made to the Health and Fitness Centres Award (the Award). The application was made by the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch (the Union) seeking to insert a new clause, Carer's Leave, into the Award following the decision of a full bench of the Commission1 endorsing the concept of Carer's Leave and specifying model amendments (the decision). Also in accordance with the decision consequential variations to the Hours of Work and Overtime clauses of the Award were included in the application. The Union pointed out that there were other changes to the Full Bench's model provisions adding: 1. Relevant provisions for those part-time employees who were not in receipt of a loading in lieu of annual leave, sick leave and public holiday entitlements. 2. An entitlement to "one week's unpaid carers leave per annum" for part-time employees in receipt of the loading referred to above; and 3. Payment for any relevant overtime where such time has not been taken within four weeks of accrual. The Tasmanian Chamber of Commerce and Industry Limited confirmed its agreement to the draft order, in particular the variations peculiar to the Award, and supported the Unions application. I am satisfied that the application conforms with the intent and the spirit of the decision. The application is approved and the Award will be amended as requested, operative from the date of decision. An order is attached.
P A Imlach Appearances: Date and place of hearing: 1 Tasmanian Industrial Commission, T6296 of 1996, 23 December 1996
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