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Tasmanian Industrial Commission

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T11798

 

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

Southern Cross Care (Tasmania) Inc.
(T11799 of 2004)

SOUTHERN CROSS CARE (TASMANIA) INC. (COMMUNITY CARE)
INDUSTRIAL AGREEMENT 2004

 

COMMISSIONER T J ABEY

HOBART, 19 November 2004

Industrial agreement - application approved - operative date 16 November 2004 - 3 years - forwarded to Registrar for registration

REASONS FOR DECISION

[1] On 10 November 2004, the Health Services Union of Australia, Tasmania No. 1 Branch (HSUA) and Southern Cross Care (Tasmania) Inc. lodged with the Registrar, pursuant to Section 55(2) of the Industrial Relations Act 1984, the Southern Cross Care (Tasmania) Inc. (Community Care) Industrial Agreement 2004.

[2] When this matter came on for hearing at the Commonwealth Law Courts, 39-41 Davey Street, Hobart at 12noon, 16 November 2004, Mr T Kleyn appeared for the HSUA. Ms S Butterworth, with Mr E Gerritsen, appeared for Southern Cross Care.

[3] Mr Kleyn advised that this agreement applied to employees engaged as "home service carers'' and operating in a home environment. In such a situation the Community Services Award would otherwise apply. The agreement has been drafted based on wage rates from the Community Services Award and conditions from the Nursing Homes Award, except where inconsistent with the agreement.

[4] Ms Butterworth supported the submissions of Mr Kleyn.

[5] I am satisfied that the agreement is consistent with both the Wage Fixing Principles and the public interest requirements of the Act.

[6] Pursuant to s.55(4) of the Act, the agreement is approved operative from 16 November 2004 and shall remain in force for a period of three years.

[7] The file will now be referred to the 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
Ms S Butterworth, with Mr E Gerritsen, for Southern Cross Care (Tasmania) Inc.

Date and Place of Hearing:
2004
November 16
Hobart