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T10683

 

TASMANIAN INDUSTRIAL COMMISSION

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

Health Services Union of Australia, Tasmania No. 1 Branch

and

One Care Limited
Umina Park
St Lukes (Anglican Church in Australia) Association

(T10683 of 2003)

ONECARE LIMITED (TRANSFER) INDUSTRIAL AGREEMENT 2002

 

COMMISSIONER T J ABEY

HOBART, 26 February 2003

Industrial agreement - application approved - operative date ffpp 29 September 2002 for a period of 12 months - forwarded to A/Registrar for registration

REASONS FOR DECISION

(1) On 24 January 2003 the Health Services Union of Australia, Tasmania No. 1 Branch, Onecare Limited, Umina Park and St Lukes (Anglican Church in Australia) Association lodged with the Acting Registrar, pursuant to Section 55(2) of the Industrial Relations Act 1984, the Onecare Limited (Transfer) Industrial Agreement 2002.

(2) When this matter came on for hearing on 26 February 2003, Mr T Kleyn appeared for the Health Services Union of Australia, Tasmania No. 1 Branch. Mr M Watson, of the Tasmanian Chamber of Commerce and Industry Limited, appeared for Onecare, Umina Park and St Lukes.

(3) Mr Kleyn explained that in late 2002 St Lukes [Anglican Church in Australia] Association and Umina Park formally merged to create Onecare Limited.

(4) The purpose of this Agreement is to ensure that accrued entitlements for employees involved in the transfer are fully protected. In addition the Agreement provides that salaries, classifications, conditions of employment, anniversary dates etc, shall not be altered as a consequence of the transfer.

(5) Mr Watson supported the submissions of Mr Kleyn.

(6) I am satisfied that the Agreement is consistent with both the Wage Fixing Principles and the public interest requirements of the Act.

(7) Pursuant to Section 55[4] of the Act the Agreement is approved operative from the beginning of the first pay period to commence on or after 29 September 2002 and shall remain in force for a period of twelve months.

(8) The file will now be referred to the Acting Registrar for registration in accordance with the requirements of Section 56(1) of the Act.

 

Tim Abey
COMMISSIONER

Appearances:
Mr T Kleyn for the Health Services Union of Australia, Tasmania No. 1 Branch
Mr M Watson, of the Tasmanian Chamber of Commerce and Industry Limited, for Onecare Limited, Umina Park and St Lukes (Anglican Church in Australia) Association

Date and Place of Hearing:
2003
February 26
Hobart