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Tasmanian Industrial Commission

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T13470

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s55 application for filing of an industrial agreement


Health Services Union of Australia, Tasmania No. 1 Branch
Supported Tenancy, Accommodation and Respite (STAR) Tasmania

(T13470 of 2009)


SUPPORTED TENANCY, ACCOMMODATION AND RESPITE (STAR) TASMANIA, MERGER AGREEMENT 2009


DEPUTY PRESIDENT P C SHELLEY

HOBART, 10 July 2009

 
Industrial agreement – agreement approved – operative 1/7/09 – to remain in force until 1/7/12– forwarded to the registrar for registration


REASONS FOR DECISION


[1] This application, lodged pursuant to s.55 of the Industrial Relations Act 1984 (the Act) by Health Services Union of Australia, Tasmania No. 1 Branch (HSU1) (the union) and Supported Tenancy, Accommodation and Respite (STAR) Tasmania (the employer), was for the purpose of filing an industrial agreement with the Commission and by so doing to provide for the continuity of employment of all employees formerly employed by the old employers who will transfer employment to the new employer.  Furthermore the agreement provides for redundancy entitlements if required to those employees transferring their employment to the new employer.

[2] A hearing commenced at the Edward Braddon Commonwealth Law Courts Building, 39-41 Davey Street, Hobart on Thursday 9 July 2009.

[3] The agreement, to be known as the Supported Tenancy, Accommodation and Respite (STAR) Tasmania, Merger Agreement 2009, is to be operative on and from 1 July 2009 and it is to remain in force for a period of three years. 

[4] The employees covered by this agreement are, except for this agreement, subject to the Disability Services Providers Award and the Disability Services Industry Wages Agreement 2009.  Where any inconsistency occurs between this agreement and the award or the Disability Services Wages Agreement 2009, this agreement prevails to the extent of this inconsistency.

[5] Mr C Brown appeared for the union and Mr J O’Neill for the employer.

[6] Having considered the consent submission of the parties, I am satisfied that the agreement is consistent with the Wage Fixing Principles and the public interest and no disadvantage tests required by the Act and I decide accordingly. 

[7] The file will now be referred to the Registrar for registration in accordance with the requirements of Section 56(1) of the Act.

 

P C Shelley
DEPUTY PRESIDENT

Appearances:
Mr R Moore for Health Services Union of Australia, Tasmania No. 1 Branch
Mr James O’Neill for Supported Tenancy, Accommodation and Respite (STAR) Tasmania

Date and place of hearing:
2009
July 9
Hobart