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Tasmanian Industrial Commission

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T11811

 

TASMANIAN INDUSTRIAL COMMISSION

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

The Minister Administering the State Service Act 2000
(T11811 of 2004)

COMMUNITY AND HEALTH SERVICES (PUBLIC SECTOR) AWARD

 

COMMISSIONER T J ABEY

HOBART, 18 January 2005

Award variation - part-time employees working less than 20 hours per week - one-off election for paid annual leave, sick leave and holidays with pay in lieu of loaded rate

REASONS FOR DECISION

[1] On 17 November 2004, an application was lodged by the Minister Administering the State Service Act 2000, pursuant to Section 23 of the Industrial Relations Act 1984, to vary the Community and Health Services (Public Sector) Award.

[2] When this matter came on for hearing on 17 January 2005, Mr R Clegg appeared for the Minister, Mr P Aiken appeared for the Health Services Union of Australia, Tasmania No 1 Branch and Mr M Johnston appeared for The Community and Public Sector Union (State Public Services Federation Tasmania) Inc.

[3] Mr Clegg explained that the purpose of this application was to provide part-time employees working less than 20 hours per week with a one-off election to opt for paid annual leave, sick leave and public holidays in lieu of the mandatory loaded hourly rate which had hitherto applied.

[4] Mr Clegg said there had been a large number of requests from staff that wished to exercise this option. In addition, staff of the Mersey Hospital, which had recently reverted to Government control, had previously enjoyed this option.

[5] MR Aiken said that the variation would provide administrative efficiencies, improved flexibility and provide a clear distinction between part-time and casual employees. As a consequence the application was strongly supported by the HSUA.

[6] Mr Johnston supported the submissions of Mr Aiken.

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

[8] The application is granted operative from 17 January 2005.

[9] An Order reflecting this decision is attached.

 

Tim Abey
COMMISSIONER

Appearances:
Mr R Clegg for the Minister Administering the State Service Act 2000
Mr P Aiken for the Health Services Union of Australia, Tasmania No. 1 Branch
Mr M Johnston for The Community and Public Sector Union (State Public Services Federation Tasmania) Inc.

Date and Place of Hearing:
2005
January 17
Hobart