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T10663

 

TASMANIAN INDUSTRIAL COMMISSION

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

Tasmanian Chamber of Commerce and Industry Limited
[T10663 of 2003]

Dentists Award

 

COMMISSIONER P C SHELLEY

HOBART, 13 March 2003

Award variation - Annual Leave - consent matter - application granted - award varied - operative date 19 February 2003

REASONS FOR DECISION

[1] On 10 January 2003, an application was lodged by the Tasmanian Chamber of Commerce and Industry Limited, pursuant to s.23 of the Industrial Relations Act 1984, to vary the Dentists Award.

[2] The parties sought to vary subclause [e] of Clause 9 - Annual Leave, arising out of the decision of the Full Bench, T10230 etc. of 2002, which brought in a number of changes. The application replacing the current Annual Leave clause, in which the minimum wage is to be paid for a person proceeding on leave with a 17.5% leave loading is in accord with this decision.

[3] A hearing commenced at the Commonwealth Law Courts, 39-41 Davey Street, Hobart on Wednesday 19 February 2003 at 10.30 am.

[4] At the hearing Mr P Mazengarb appeared for the Tasmanian Chamber of Commerce and Industry Limited while Mr C Stringer appeared for the Health Services Union of Australia, Tasmania No. 1 Branch.

[5] Mr Mazengarb gave oral submissions in support of the application and Mr Stringer agreed that the variation should be made.

[6] Having considered this submission, I am satisfied that the application satisfies s.36 of the Act, therefore the award will be varied in the manner sought from the beginning of the first full pay period to commence on or after 19 February 2003.

[7] The Order reflecting these variations is attached.

 

P C Shelley
COMMISSIONER

Appearances:
Mr P Mazengarb for the Tasmanian Chamber of Commerce and Industry Limited
Mr C Stringer for the Health Services Union of Australia, Tasmania No. 1 Branch

Date and place of hearing:
2003
February 13
Hobart