TASMANIAN INDUSTRIAL COMMISSION

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

the Minister administering the State Service Act 2000
(T13704 of 2010)

HEALTH AND HUMAN SERVICES (TASMANIAN STATE SERVICE) AWARD

COMMISSIONER J P MCALPINE  
HOBART, 10 September 2010

Award variation - new Appendix 11 - Dental Officers - application granted - operative date 10/9/10 - new salary rates to apply fffpp on or after 1 December 2009

REASONS FOR DECISION

[1] On 26 August 2010, an application was lodged by the Minister administering the State Service Act 2000 (MASSA), pursuant to s.23 of the Industrial Relations Act 1984, to vary the Health and Human Services (Tasmanian State Service) Award.  The application sought to insert a new Appendix 11 - Dental Officers.  This Appendix replaces the Dental Employees Award, which was rescinded at the same hearing.

[2] A hearing commenced in Hobart on 10 September 2010.  At the hearing Mr R Clegg appeared for MASSA.  Ms T Jacobson appeared for Health Services Union of Australia, Tasmania No. 1 Branch.   Both of the above gave oral submissions in support of the application.

[3] I am satisfied that the variation is consistent with the public interest requirements of the Act.  

[4] The order reflecting this decision, with an operative date of 10 September 2010, is attached.  It was noted that the new salary rates would apply from the first full pay period on or after 1 December 2009.

J P McAlpine
Commissioner

Appearances:
Mr R Clegg of the Department of Health and Human Services for MASSA
Mr T Jacobson for Health Services Union of Australia, Tasmania No. 1 Branch

Date and place of hearing:
2010
September 10
Hobart

REASONS FOR DECISION

This application, made by the Minister Administering the State Service Act 2000 (the Minister), sought to rescind the Dental Employees Award.

The matter was set down for hearing on Friday 10 September 2010 in Hobart.

The following organisations were advised of the hearing details:

• Community and Public Sector Union (State Public Services Federation Tasmania) Inc.
• Health Services Union of Australia, Tasmania No. 1 Branch

Mr Ron Clegg, for the Minister, presented a submission to the Commission which, simply stated, confirmed that the award had been superseded by the insertion of a new Appendix in the Health and Human Services (Tasmanian State Service) Award, therefore the award no longer serves a purpose and should be rescinded.

I hereby determine that the Dental Employees Award be rescinded as an award of the Tasmanian Industrial Commission on and from 10 September 2010, and I so Order.

The Order giving effect to this decision is attached.

James P McAlpine
COMMISSIONER

Appearances:
Mr R Clegg for the Minister Administering the State Service Act 2000
Mr T Jacobson for the Health Services Union of Australia, Tasmania No. 1 Branch

Date and place of hearing:
2010
September 2010
Hobart