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

The Minister administering the State Service Act 2000
(T13984 of 2012)
(T13985 of 2012)
(T13986 of 2012)

President Tim Abey
HOBART, 19 November 2012

Award variation – new family violence provision in Personal Leave clause – consent matter – o/d 19/11/12


[1] On 9 November 2012, applications were lodged by the Minister administering the State Service Act 2000, (MASSA), pursuant to s.23 of the Industrial Relations Act 1984, to vary the following awards:

• AWU (Tasmanian State Sector Award
• Health and Human Services (Tasmanian State Service) Award
• Polytechnic and Skills Institute Teaching Staff Award
• Port Arthur Historic Site Management Authority Award
• Tasmanian Ambulance Service Award
• Tasmanian State Service Award
• Teaching Service (Tasmanian Public Sector) Award

[2] At a hearing in Hobart on 19 November 2012, Mr T Kleyn and Mr P Baker appeared for MASSA.  Mr K Midson appeared for the Australian Workers Union, Tasmania Branch (AWU); Mr T Lynch appeared for The Community and Public Sector Union (State Public Services Federation Tasmania) Inc. (CPSU), Mr J Eddington appeared for the Health Services Union of Australia, Tasmania No. 1 Branch (HSU1) and Ms R Madsen appeared for Australian Education Union, Tasmanian Branch (AEU).

[3] The parties agreed that the matters would be joined.

[4] Mr Kleyn explained that the purpose of the application was to vary the Personal Leave clauses of the awards to enable victims of family violence to access personal leave. The new clause provides for a definition of family violence, the circumstances under which personal leave may be accessed and the evidentiary requirements, including a clarification concerning the use of statutory declarations where the provision of other documentation is not practical.

[5] Mr Kleyn submitted that the Government views this matter as being in the national interest, noting that an increasing number of industrial instruments across the country contained similar provisions.

[6] The applications were supported by the union representatives, whilst noting certain matters on the transcript.

[7] I am satisfied that the applications are consistent with the public interest requirements of the Act.

[8] The applications are granted operative from 19 November 2012.

[9] The orders reflecting this decision will issue in the immediate future.


Tim Abey

Mr T Kleyn and Mr P Baker for MASSA
Mr K Midson for AWU
Mr T Lynch for CPSU
Ms R Madsen for AEU

Date and place of hearing:
November 19