TASMANIAN INDUSTRIAL COMMISSION

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

Minister Administering the State Service Act 2000

and

Health Services Union of Australia, Tasmania No. 1 Branch

and

The Community and Public Sector Union
(State Public Services Federation Tasmania) Inc.

(T12647 of 2006)

DEPARTMENT OF HEALTH AND HUMAN SERVICES ROSTERED CARERS
INTERIM AGREEMENT 2005

Industrial agreement - application approved - operative date ffpp 8 May 2006 - 1 year - forwarded to Registrar for registration

REASONS FOR DECISION

[1] On 19 April 2006, the Minister Administering the State Service Act 2000, the Health Services Union of Australia, Tasmania No. 1 Branch and The Community and Public Sector Union (State Public Services Federation Tasmania) Inc. lodged with the Registrar, pursuant to Section 55(2) of the Industrial Relations Act 1984, the Department of Health and Human Services Rostered Carers Interim Agreement 2005.

[2] When this matter came on for hearing on 8 May 2006, Mr R Clegg, with Mr D Harris, appeared for the Minister, Mr T Kleyn appeared for the HSUA and Mr M Di Pretoro appeared for the CPSU.

[3] Mr Clegg advised that this agreement was the product of extensive negotiations between the parties.

[4] Of particular significance is clause 5 Terms of This Agreement, which provides for work to be undertaken on blocks of 48 hours.

[5] Mr Kleyn noted that one of the major benefits was that it clearly established the status of persons covered by the agreement as employees of the Department. However a number of issues remained outstanding including ongoing employment status, wage rates and classifications. These issues would hopefully be addressed over the next 12 months.

[6] Mr Di Pretoro supported the submissions of Mr Kleyn.

[7] I am satisfied that the agreement is consistent with both the Wage Fixing Principles and the public interest requirements of the Act, and does not disadvantage the employees concerned.

[8] 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 8 May 2006 and shall remain in force for a period of 12 months.

[9] 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 R Clegg, with Mr D Harris, for the Minister Administering the State Service Act 2000
Mr T Kleyn for the Health Services Union of Australia, Tasmania No. 1 Branch
Mr M Di Pretoro for The Community and Public Sector Union (State Public Services Federation Tasmania) Inc.

Date and Place of Hearing:
2006
May 8
Hobart