TASMANIAN INDUSTRIAL COMMISSION

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

The Minister administering the State Service Act 2000
(T13831 of 2011)

NURSES (TASMANIAN PUBLIC SECTOR) AWARD

DEPUTY PRESIDENT TIM ABEY

23 MARCH 2012

Award variation – consolidation – allowances updated - new allowances – clauses re-drafted – consent application – award varied ffpp on or after 22 March 2012

REASONS FOR DECISION

[1] On 22 December 2011, 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 Nurses (Tasmanian Public Sector) Award.

[2] Hearings were held in Hobart on 22 December 2011 and subsequently on 22 March 2012.  On both occasions Mr P Baker appeared for the Minister administering the State Service Act 2000 and Ms A Stanislaus-Large appeared for the Australian Nursing Federation, Tasmanian Branch. Mr J Eddington appeared for the Health Services Union of Australia, Tasmania No 1 Branch at the hearing held on 22 March 2012.

[3] This application arises from a commitment in the Nurses and Midwives Heads of Agreement 2010 whereby, to the extent practicable, all terms and conditions of employment will be consolidated into the simplified Nurses (Tasmanian Public S,.lector) Award.

[4] The clauses contained in this application are in large part taken from the Tasmanian State Service Award and/or previous registered agreements, modified and updated as necessary. The clauses contained in this application are:

• Superannuation
• Salary Sacrifice by Employees
• Salary packaging for Employees.
• Travel Allowances
• Holidays With Pay
• Parental Leave
• Personal Leave
• Bereavement Leave
• State Service Accumulated Leave Scheme
• Jury Service
• Defence Force leave
• Consultation and Change
• Workload Management
• Grievance and Dispute Resolution.
• Work-Life balance
• Enterprise Flexibility at the Workplace.
• Employee Workplace Flexibility Arrangements.
• Right of Entry for Union Officials
• Workplace Delegates.
• Notice Board
• Records of Employment.
[5] Both the ANF and HSUA consented to the application.

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

[7] The application is granted operative from the beginning of the first pay period to commence on or after 22 March 2012.

[8] An order reflecting this decision, in the format of a consolidated award, follows.

[9] At the request of the parties this file will remain open pending further progress in the updating process.

Tim Abey
Deputy President

Appearances:
Mr P Baker for the Minister administering the State Service Act 2000
Ms A Stanislaus-Large for the Australian Nursing Federation, Tasmanian Branch
Mr J Eddington for the Health Services Union of Australia, Tasmania No 1 Branch.

Date and place of hearing:
2011
December 22
2012
March 22
Hobart