T11975
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Health Services Union of Australia, Tasmania No. 1 Branch and Diagnostic Services Pty Ltd and (T11975 of 2005) DIAGNOSTIC SERVICES PTY LTD AND
Industrial agreement - application approved - operative date ffpp 15 March 2005 - 3 years - forwarded to Registrar for registration REASONS FOR DECISION [1] On 3 March 2005, the Health Services Union of Australia, Tasmania No. 1 Branch and Diagnostic Services Pty Ltd and Consultant Pathology Services Pty Ltd lodged with the Registrar, pursuant to Section 55(2) of the Industrial Relations Act 1984, the Diagnostic Services Pty Ltd and Consultant Pathology Services Pty Ltd Workplace Agreement (2004). [2] When this matter came on for hearing on 15 March 2005, Mr T Kleyn appeared for the Union. Mr P Targett appeared for Diagnostic Services Pty Ltd and Consultant Pathology Services Pty Ltd. [3] Mr Targett explained that the two companies were inextricably linked in the provision of pathology services throughout Tasmania and that the separation was driven by the requirements of Commonwealth legislation. [4] Mr Targett said that the parties to this agreement had hitherto been regulated by successive agreements registered pursuant to s.170LK of the Commonwealth Act. Whilst the HSUA was party to these previous agreements, the employers maintained a firm commitment to the involvement of all employees in the approval process. [5] This same commitment extended to the current agreement, which the parties had agreed to register under the State Act. A secret ballot was conducted during January 2005, resulting in 79% of those employees exercising their right to vote signifying their support for the agreement. [6] Mr Targett submitted that the agreement was comprehensive in nature with benefits in excess of the relevant award provisions. [7] Mr Kleyn supported the submissions of Mr Targett. [8] I am satisfied that the agreement is consistent with both the Wage Fixing Principles and the public interest requirements of the Act [9] Pursuant to s.55[4] of the Act, the agreement is approved operative from the beginning of the first pay period to commence on or after 15 March 2005, and shall remain in force for a period of three years. [10] 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 Appearances: Date and Place of Hearing: |