TASMANIAN INDUSTRIAL COMMISSION
Industrial Relations Act 1984
Minister Administering the State Service Act 2000
COMMUNITY AND HEALTH SERVICES (PUBLIC SECTOR) AWARD
Award variation - Clause 30 - availability - variation approved - operative date 29 June 2006
REASONS FOR DECISION
 On 5 June 2006, 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.
 When this matter came on for hearing on 29 June 2006, Mr R Clegg appeared for the Minister, Mr T Kleyn 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.
 This application seeks to insert a new sub-clause dealing with "availability" in Clause 30 - Recall, On Call and Close Call.
 Mr Clegg explained that a similar provision existed in the award that preceded the current award, but this had been inadvertently omitted during a transitional process.
 The existence of a dispute (T12376 of 2005) in turn activated the processes outlined in Clause 27 - Call Out, Stand-By, Availability Allowances in the Public Sector Unions Wages Agreement No 2 of 2004. The application before the Commission is the outcome of that process.
 Both Mr Kleyn and Mr Johnston consented to the application.
 I am satisfied that the application is consistent with both the Wage Fixing Principles and the public interest requirements of the Act.
 The application is granted operative from 29 June 2006.
 The Order reflecting this decision is attached.
Date and Place of Hearing: