T8752 and T9605

TASMANIAN INDUSTRIAL COMMISSION

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

Tasmanian Chamber of Commerce and Industry Limited
(T8752 of 1999)

Tasmanian Trades and Labor Council
(T9605 of 2001)

DISABILITY SERVICE PROVIDERS AWARD

DEPUTY PRESIDENT R J WATLING

HOBART, 7 August 2001

Award variation - Restructure, variation and consolidation - consent matter - application granted - award varied - operative date ffpp 1 August 2001

Wage Rates - State Wage Case July 2001 - application to vary private sector awards in a manner consistent with the Australian Industrial Relations Commission decision in Print PR002001 - Safety Net Review 2001 - Wages - Allowances - Memorandum of Understanding - Approved

REASONS FOR INTERIM DECISION

[1] On 13 December 1999, an application was lodged with the Commission, pursuant to s.23 of the Industrial Relations Act 1984, by the Tasmanian Chamber of Commerce and Industry Limited (the applicant), to vary the Disability Service Providers Award.

[2] On 20 January 2000, the hearing proceeded by way of conference between the parties and the Commission, and at the conclusion of the conference the hearing was adjourned sine die.

[3] The matter was relisted for hearing on 27 July 2001.

[4] At the commencement of the hearing on that day, a consent interim draft Order was tendered to the Commission (TCCI.1) together with Appendix 1, a summary of formatting changes to the award. It was submitted by the parties that the interim draft Order contained variations to formatting only.

[5] The parties also requested that any order arising out of this application incorporate the wage and allowance increases arising out of the State Wage Case decision of the Tasmanian Industrial Commission T9605 of 2001 (Appendix II).

[6] The award will be varied in the manner set out in the interim draft Order and summarised in Appendix 1 and II attached, with the operative effect from the first full pay period to commence on or after 1 August 2001.

[7] The Order giving effect to this interim decision is attached.

[8] The parties advised the Commission that they would continue to restructure the award in accordance with Principle 12 - Award Review Process of the Wage Fixing Principles, and for that reason they requested application T8752 of 1999 be adjourned sine die.

R J Watling
DEPUTY PRESIDENT

Appearances:
Mr C Brown (20.1.2000) and Mr T Kleyn (27.1.2001) for the Health Services Union of Australia, Tasmania No. 1 Branch
Mr C Brown (20.1.2000) and Mr I Paterson (27.1.2001) for the Australian Municipal, Administrative, Clerical and Services Union
Mr J O'Neill for the Tasmanian Chamber of Commerce and Industry Limited

Date and place of hearing:
2000
January 20
Hobart
2001
July 27
Hobart

APPENDIX 1

T8752 of 1999

SUMMARY OF CHANGES TO THE DISABILITY SERVICE PROVIDERS AWARD

PREVIOUS AWARD CLAUSE	NEW AWARD
1. Title	No Change
2. Scope	Re-numbered Part I clause 3
3. Arrangement	Re-named "Index" re-numbered Part I Clause 2
4. Date of Operation Date of Operation	Amended from 23 February 1996 to 1 August 1999
5. Supersession and Savings Supersession and Savings	Re-named "Supersession", re-numbered Part I clause 6, updating of supersession and removal of saving clauses.
6. Parties and Persons Bound Parties and Persons Bound	Re-named "Award Interest", re-numbered Part I clause 5. Format amended to meet Award Review criteria and update.
7. Definitions Definitions	Re-named "General Definitions" removal of all definitions specific to one Part, to the appropriate Part, in line with Award Review guidelines - Classification Descriptors moved to Part III clause 4
8. Wage Rates Wage Rates	Re-numbered Part III clause 2.
9. Board and Lodging Annual Leave	Delete
10. Casual Employees (As Defined) Casual Employees	Re-numbered Part II clause 3(a)
11. Consultative Process Compassionate Leave	Re-numbered Part VIII clause 1
12. Disputes and Grievance Procedure Contract of Employment	Re-numbered Part VIII clause 2
13. Dressing Rooms, etc Deduction of Union Subscriptions	Deleted
14. Enterprise Flexibility Disputes and Grievances	Re-numbered Part VIII clause 3
15. Exemptions Enterprise Flexibility	Deleted
16. First Aid Hours of Work	Re-named "First Aid Allowance" re-numbered Part IV clause 1
17. Holidays with Pay	Re-numbered Part VI clause 5
18. Hours In-Service Training
18 A. Employees Other than those Engaged to Work in Residential Homes for Intellectually, Physically, Psychiatric and/or Sensory Disabled Persons Meal Break	Re-named "Hours of Work", re-numbered Part V clause 2
18 B. Employees Engaged in Residential Homes for Intellectually, Physically, Psychiatric and/or Sensory Disabled Persons Mixed Functions	Re-named "Hours of Work", re-numbered Part V clause 2
18 C. Overtime	Re-numbered Part V clause 4
18 D. Rest Period Overtime	Re-numbered Part V clause 5
18 E. Rostered Days Off (As Defined) Parental Leave	Re-numbered Part V clause 6
18 F. Saturday and Sunday Work Part-time and Intermittent Employees	Re-numbered Part V clause 7
18 G. Scheduled Days Off Payment of Wages	Re-numbered Part V clause 8
18 H. Shift Work, Shift Allowances and Rosters Preference to Unionists	Re-numbered Part V clause 9
18 I. Time Off In Lieu Of Payment	Re-numbered Part V clause 10
19. Incremental Progression Program Planning Time	Re-numbered Part III clause 5
20. Leave Sick Leave
20 A. Annual Leave Structural Efficiency	Re-numbered Part VI clause 2
20 B. Compassionate Leave	Re-named "Bereavement Leave", re-numbered Part VI clause 3
20 C. Parental Leave	Re-numbered Part VI clause 6
20 D. Sick Leave	Re-numbered Part VI clause 7
21. Lifting Clients (As Defined)	Re-numbered Part VIII clause 2
22. Meal and Meal Allowance	Re-numbered Part IV clause 2
23. Mixed Functions	Re-numbered Part III clause 6
24. Notice Board	Re-numbered Part IX clause 1
25. Occupational Superannuation	Re-named, Superannuation re-numbered Part III clause 8
26. Part-Time Employees (As Defined)	Re-numbered Part II clause 3 (b)
27. Payment of Wages	Re-numbered Part III clause 7
28. Protective Clothing and Safety Appliances	Re-numbered Part VIII clause 3
29. Right of Entry	Deleted
30. Sleep Over	Re-named Sleep-over and sleep-over allowance and re-numbered Part IV clause 3
31. Special Licences	Re-numbered Part IV clause 4
32. Terms of Employment	Re-named, Contract of Employment re-numbered Part II clause 2
33. Time and Wages Book	Re-numbered Part IX clause 2
34. Tools and Tool Allowance	Re-numbered Part IV clause 5
35. Training for Disability Services Workers (As Defined) Trainee - Child Care	Re-numbered Part II clause 4
36. Uniforms Union Stewards	Deleted
37. Union Delegates Leave Reserved	Re-numbered Part IX clause 3

APPENDIX II

T9605 of 2001

SUMMARY OF CHANGES TO THE DISABILITY SERVICE PROVIDERS AWARD

PART AND CLAUSE	CHANGES
Part III - Wage Rates and Related Matters, Clause 2 - Wage Rates	1. a $13.00 per week increase in award rates up to an including $490.00 per week; 2. a $15.00 per week increase in award rates above $490.00 per week up to an including $590.00 per week; and 3. a $17.00 per week increase in award rates above $590.00 per week.
Part IV - Allowances, Clause 1 - First Aid	Subclause (b) - `$7.80' deleted and the sum of `$8.05' inserted in lieu thereof
Part IV - Allowances, Clause 3 - Sleep-over and Sleep-over Allowance	Subclause (a) - `$20.00' deleted and the sum of `$20.00' inserted in lieu thereof

OPERATIVE DATE

The variations contained in Appendix II from the beginning of the first full pay period to commence on or after 1 August 2001.

This page was last modified on 3rd February 2005.