T9381
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Tasmanian Chamber of Commerce and Industry Limited NURSING HOMES AWARD
Award variation - clause 24 - hours - 10-hour shifts - application approved - operative date 18 January 2001 REASONS FOR DECISION On 18 January 2001 an application was lodged by Tasmanian Chamber of Commerce and Industry Limited, pursuant to Section 23 of the Industrial Relations Act 1984, to vary the Nursing Homes Award. This application seeks to vary Clause 24 - Hours to facilitate the working of 10-hour shifts or days by agreement between the employer and employee. When the matter came on for hearing on 3 May 2001, Mr M Watson appeared for the Tasmanian Chamber of Commerce and Industry Limited (TCCI) and Mr C Brown, with Mr T Kleyn, appeared for the Health Services Union of Australia, Tasmania No 1 Branch (HSUA). Mr Watson explained that since May 1997 a Section 55 agreement had applied to employers in the nursing home industry.1 Clause 10.3 of this agreement had hitherto enabled the working of 10-hour shifts, subject to certain conditions. The HSUA had given notice to retire from this agreement, effective from 18 January 2001. Ten-hour shifts continued to be commonplace in the nursing home industry and the proposed award variation was designed to maintain the "legality" of these agreed working arrangements. Mr Brown indicated that the HSUA acknowledged the existence of these working arrangements and that benefits accrued to both employer and employee. Subject to certain operational reservations which he noted on the transcript, the HSUA consented to the application. I am satisfied that the application is consistent with the Wage Fixing Principles and the public interest. The application is approved operative from 18 January 2001. The Order reflecting this decision is attached.
Tim Abey Appearances: Date and Place of Hearing: |