T10196
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Tasmanian Chamber of Commerce and Industry Limited NURSING HOMES AWARD
Award variation - Nursing Homes Award - voluntary salary packaging and sacrifice provisions - non-nursing staff - award updated - application granted - operative ffpp 1/1/02 REASONS FOR DECISION [1] This is an application made pursuant to s.23 of the Industrial Relations Act 1984 (the Act) for a variation to be made to the Nursing Homes Award. [2] The matter was heard on 24 May 2002. Mr M Watson appeared for the Tasmanian Chamber of Commerce and Industry Limited (the TCCI). Mr T Kleyn appeared for the Health Services Union of Australia Tasmania No 1 Branch (the HSUA). [3] Mr Watson explained that the application sought to introduce a clause, which would facilitate salary packaging and sacrifice on a voluntary basis. This was of particular significance to the nursing homes sector given their status as Public Benevolent Institutions and the favourable implications this has for Fringe Benefits Tax. [4] Mr Watson explained that a similar clause had been approved by Deputy President Leary in the Tasmanian Aged Care Nursing Enterprise Agreement.1 Mr Watson said it was a matter of equity that the same benefit extends to non-nursing staff. [5] Mr Watson said that Commonwealth funding arrangements had placed Tasmanian nursing homes in a difficult position in relative terms, and in this context, the facilitative clause sought would assist in the attraction and retention of staff. [6] Mr Kleyn supported the submissions of Mr Watson. [7] I am satisfied that the application is consistent with both the Wage Fixing Principles and the public interest requirements of the Act. [8] As there is an agreed operative date I am prepared to endorse the order retrospectively. [9] The application is approved operative from 1 January 2002. The Order implementing this variation is attached.
Tim Abey Appearances: Date and place of hearing: 1 PR912630 |