TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s23 application for award or variation of award

The Minister administering the State Service Act 2000
(T13078 of 2008)
The Community and Public Sector Union (State Public Services Federation Tasmania) Inc.
Health Services Union of Australia, Tasmania No. 1 Branch
(T13082 of 2008)

Community and Health Services (Public Sector) Award

Award variation – personal leave – bereavement leave – consolidation issued - operative date ffpp 17 March 2008

REASONS FOR interim DECISION 

[1]           On 10 January 2008, an application was lodged by the Minister administering the State Service Act 2000, pursuant to s.23 of the Industrial Relations Act 1984, to review the Community and Health Services (Public Sector) Award consistent with Principle 13 of the Wage Fixing Principles of the Tasmanian Industrial Commission.  On 22 January 2008 the Community and Public Sector Union (State Public Services Federation Tasmania) Inc. (CPSU) and the Health Services Union of Australia, Tasmania No. 1 Branch (HSU1) put in a joint application to the same effect. 

[2]           A hearing commenced at the Commonwealth Law Courts, 39-41 Davey Street, Hobart on 24 January 2008 and continued on 28 February 2008.  At the hearing in January Mr P Baker appeared for the Minister administering the State Service Act 2000.  On the February date Ms J Fitton appeared with him.  In January Mr T Jacobson appeared for the HSU1, Mr M Johnson for the cpsu.  On 28 February 2008 Ms C Serra and Mr T Lynch appeared for CPSU and Mr Jacobson for HSU1. 

[3]                   On 28 February 2008 the parties agreed that orders be issued to delete the existing sick leave and compassionate leave clauses and to insert in lieu thereof new personal leave and bereavement leave clauses.

[4]           I am satisfied that the variations are consistent with the Wage Fixing Principles and the public interest requirements of the Act.  

[5]           The order reflecting this interim decision, with an operative date from the first full pay period to on or after 17 March 2008, is attached.  The files are to remain open to allow further variations, including the reformatting of the award.

P C Shelley
Deputy President

Appearances:
Mr P Baker for the Minister administering the State Service Act 2000 on 24 January and 28 February 2008
Mr J Fitton for the Minister administering the State Service Act 2000 on 28 February
Mr T Jacobson for Health Services Union of Australia, Tasmania No. 1 Branch
Mr M Johnson for The Community and Public Sector Union (State Public Services Federation Tasmania) Inc. on 24 January 2008

Ms C Serra and Mr T Lynch for the Community and Public Sector Union (State Public Services Federation Tasmania) Inc. on 28 February 2008

Date and place of hearing:
2008
January 24, February 28
Hobart