TASMANIAN INDUSTRIAL COMMISSION

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

The Minister administering the State Service Act 2000
(T13046 of 2007)

Community and Health Services (Public Sector) Award

Award variation - supported wage - consent matter - application granted - award varied - operative date ffpp 5/12/07

REASONS FOR DECISION

[1] On 14 November 2007, an application was lodged by the Minister administering the State Service Act 2000, pursuant to s.23 of the Industrial Relations Act 1984, to vary the Community and Health Services (Public Sector) Award. The application sought to give effect to the State Minimum Wage Case decisions of 2005, 2006 and 2007 with respect to Supported Wage Rates.

[2] A hearing was convened at the Commonwealth Law Courts, 39-41 Davey Street, Hobart to commence on 5 December 2007 at 9.30 am.

[3] At the hearing Mr P Baker appeared for the Minister administering the State Service Act 2000. Ms C Serra appeared for the Community and Public Sector Union (State Public Services Federation Tasmania) Inc. (CPSU) and Ms S Goldfinch for the Health Services Union of Australia, Tasmania No. 1 Branch (HACSU).

[4] Mr Baker, Ms Serra and Ms Goldfinch presented oral submissions in support of the application. The application sought to vary Clause 13 - Supported Wage System to reflect the increases in wage rates from 2005-2007 as follows:

[5] On 13 December 2007 Mr Baker submitted that:

"...The submission to increase the rate of pay is to be calculated to reflect the level that is consistent with the income free test for eligibility for persons to receive the Commonwealth Disability Support Pension. The rate is currently $66.00 per week.

Reference for the calculation is contained in a decision of the Australian Industrial Relations Commission in print PR933936.

Accordingly I would request that the Awards be varied in the amended manner."

[6] On 12 December 2007 Ms Tyson of the CPSU advised the Commission that:

"...the Community and Public Sector Union have checked the amount to be inserted in the above clause and confirm it is to be increased to $66.00 per week in accordance with the maximum earning capacity before the Disability Pension would be affected as set out in `Guide to Australian Government Payments.'"

[7] Further on 12 December 2007 Ms Goldfinch advised the Commission that:

"HACSU supports Mr Baker's request for the amount of $66 per week to be included in the awards as the new Supported Wage System."

[8] Having considered the submissions, I am satisfied the variation does not offend s.36 of the Act or the Wage Fixing Principles and I approve the variation.

[9] The Order giving effect to this Decision is attached.

P C Shelley
Deputy President

Appearances:
Mr P Baker for the Minister administering the State Service Act 2000
Ms C Serra for the Community and Public Sector Union (State Public Services Federation Tasmania) Inc.
Ms S Goldfinch for Health Services Union of Australia, Tasmania No. 1 Branch

Date and place of hearing:
2007
December 5
Hobart