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Tasmanian Industrial Commission

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T10512

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.55 application for filing of an industrial agreement

Health Services Union of Australia, Tasmania No. 1 Branch

Devonfield Enterprises
(T10512 of 2002)

DEVONFIELD ENTERPRISES INDUSTRIAL AGREEMENT

 

COMMISSIONER P C SHELLEY

HOBART, 23 December 2002

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 Devonfield Enterprises (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 Devonfield Enterprises 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. Mr J O'Neill, on behalf of the employer, also spoke in support of the application.

[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, and which concerned the employees the subject of the current application.

[7] The agreement ensures that employees previously employed by Our Place Inc. who are now employed by Devonfield Enterprises, 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. recognised as continuous service for all purposes.

[8] The agreement sets our 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] Mr Kleyn said that the union had received an undertaking, in writing, from Devonfield Enterprises, that the agreement would not be withdrawn from.

[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.

 

P C Shelley
COMMISSIONER

Appearances:
Mr T Kleyn for the Health Services Union of Australia, Tasmania No 1 Branch
Mr J O'Neill for Devonfield Enterprises.

Date and place of hearing:
2002
December 13
Hobart