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T10752

 

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

Mayne Group Limited
(T10752 of 2003)

MAYNE GROUP LIMITED AND HEALTH SERVICES UNION OF AUSTRALIA (TRANSMISSION OF BUSINESS) INDUSTRIAL AGREEMENT 2003

 

COMMISSIONER T J ABEY

HOBART, 3 April 2003

Industrial agreement - application approved - operative date ffpp 1 March 2003 - 1 July 2003 - forwarded to A/Registrar for registration

REASONS FOR DECISION

(1) On 18 March 2003 the Health Services Union of Australia, Tasmania No. 1 Branch and Mayne Group Limited lodged with the Acting Registrar, pursuant to Section 55(2) of the Industrial Relations Act 1984, the Mayne Group Limited and Health Services Union of Australia (Transmission of Business) Industrial Agreement 2003.

(2) When this matter came on for hearing on 3 April 2003 at the Commonwealth Law Courts, 39-41 Davey Street, Hobart, Mr T Kleyn, with Ms L McDougall, appeared for the union. Mr M Nally appeared for the employer.

(3) Mr Nally explained that hospitals operated by Mayne Health in Tasmania had been sold to an organisation known as Healthscope. The hospital facilities had been sold as a going concern and it was anticipated that employees involved would be employed in equivalent positions by the new employer.

(4) The objectives of this Transmission of Business Agreement are outlined in Clause 7 in the following terms:

"(e) Provide appropriate arrangements as to the terms upon which Mayne will enter into agreements with potential purchasers of assets used in parts of the operations of Mayne;

(f) Ensure that Mayne Employees who are offered employment by the Purchaser when Mayne sells assets of or used in connection with a Hospital owned or operated by it will be offered terms and conditions which are no less favourable in relation to their current terms and conditions of employment, taken overall; and

(g) Remove any obligation on Mayne to make a redundancy or severance payment to Mayne Employees who are offered employment by, or who transfer their employment to, the Purchaser."

(5) Mr Nally noted that aspects of this Agreement would in all likelihood be incorporated into other industrial instruments currently under negotiation.

(6) Mr Kleyn supported the submissions of Mr Nally.

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

(8) 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 1 March 2003 and shall remain in force until 1 July 2003.

(9) 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, with Ms L McDougall, for the Health Services Union of Australia, Tasmania No. 1 Branch
Mr M Nally for Mayne Group Limited

Date and Place of Hearing:
2003
April 3
Hobart