T8435
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Health Services Union of Australia, NURSING HOMES AWARD
Award variation - insertion of carer's leave clause - consequential amendments - annual leave - hours - consent matter - application approved - operative ffpp 21 June 1999 REASONS FOR DECISION On 26 May 1999 the Health Services Union of Australia, Tasmania No 1 Branch (HSUA) applied to vary the Nursing Homes Award for the purpose of inserting a new clause, including consequential variations of certain existing clauses, to provide for Carer's Leave. When the matter came on for hearing at Hobart on Friday, 18 June 1999 Mr C Brown appeared with Mr B Bishop for HSUA. Mr M Watson appeared for the Tasmanian Chamber of Commerce and Industry Limited (TCCI). The application proceeded by way of consent. Mr Brown, with the aid of a detailed exhibit, took me through the proposed amendments, offering explanations where necessary. He submitted that the proposed variations, which include provisions for part-time and casual employees, complied with the Model Clause approved by the Full Bench in the Carer's Leave test case (T6296 and T6441 of 1996)-subject to minor variations of an industry specific nature-and met all the requirements of the Wage Fixing Principles and Section 36 of the Industrial Relations Act 1984. Mr Brown said the parties had agreed that the variations should operate from beginning of the first full pay period to commence on or after the date of the Commission's decision. Mr Watson confirmed that there was no employer objection to the proposed variations or to the suggested operative date. He, too, submitted that the variations complied with the Wage Fixing Principles, the Carer's leave test case and the public interest provisions of Section 36 of the Act. The parties' submissions and explanations satisfy me that the proposed variations comply with the Full Bench test case standard for Carer's Leave, the Wage Fixing Principles and Section 36 of the Act. In the circumstances, I grant the application and vary the award accordingly. My Order to that effect, which will take effect from beginning of the first full pay period to commence on or after the date of this decision, ie Monday, 21 June 1999, accompanies these Reasons for Decision.
B R Johnson Appearances: Date and Place of Hearing: |