T10511
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Health Services Union of Australia, Tasmania No. 1 Branch North West Support Services Inc. NORTH WEST SUPPORT SERVICES INC. INDUSTRIAL AGREEMENT
Industrial Agreement - agreement approved - operative 20 December 2002 - forwarded to the Acting Registrar for registration REASONS FOR DECISION [1] This application, lodged pursuant to s.55 of the Industrial Relations Act 1984 by the Health Services Union of Australia, Tasmania No. 1 Branch (the union) and North West Support Services Inc. (the employer), was for the purpose of filing an industrial agreement with the Commission. [2] On 5 November 2002, the Commission convened a hearing at the Commonwealth Law Courts, 39-41 Davey Street, Hobart, before myself, to commence on Friday 13 December 2002 at 2.30 pm [3] The agreement, to be known as the North West Support Services Inc. Industrial Agreement 2002, is to be operative on and from 20 December 2002 and is to remain in force for a period of three years. [4] The agreement applies to Disability Support Workers previously employed by Our Place Inc. and named in Orders issued by the Tasmanian Industrial Commission in matter T8934 of 2000. [5] Oral submissions were presented by Mr T Kleyn for the union in support of the application. M J O'Neill on behalf of the employer, also spoke in support of the application. Appearing with Mr O'Neill was Mr N Rodwell of North West Support Services Inc. [6] Mr O'Neill said that the agreement would go some of the way to resolving matters concerning a dispute with Our Place Inc. which came before the Commission in April 2000. [7] This agreement ensures that employees previously employed by Our Place Inc. who are now employed by North West Support Services Inc., who were named in the Orders issued by the Tasmanian Industrial Commission in matter T8934 of 2000 will have all of their service with Our Place Inc., Devonfield Enterprises and North West Support Services Inc. recognised as continuous service with North West Support Services Inc. for all purposes. [8] The agreement sets out redundancy provisions in the event of any future redundancies in the case of employees covered by the agreement. [9] At Clause 11, the agreement says that any employees covered by the agreement who have had their hours reduced as a result of the closure of Our Place Inc. will be given priority for any additional hours which may become available in the future, with certain provisos. [10] The parties entered onto the record an undertaking given by the employer, expressed in an exchange of letters, that the agreement would not be withdrawn from and that further agreements would be entered into until such time as there are no affected employees still in the employer's employment. [11] Having considered those submissions, I am satisfied the agreement should be approved as it satisfies s.36 of the Act. [12] The file will now be referred to the Acting Registrar in accordance with the requirements of s.56(1) of the Act.
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