T13586
TASMANIAN INDUSTRIAL COMMISSIONIndustrial Relations Act 1984
and Australian Nursing Federation Tasmanian Branch
[2] The application was listed for hearing on 24 March 2010. On 18 March 2010 the parties to the dispute requested that the Full Bench issue an order by consent to suspend Orders 1,2,3 and 4 of the decision in T12671 of 2006 in the following way: Pursuant to s71(4) of the Industrial Relations Act 1984 (Tas), it is ordered by consent that the orders issued by Deputy President P C Shelley on 30 October 2009 (T12671 of 2006) (Further Decision) be subject to the conditions that follow: (a) ORDER No. 1 (paragraph [20] of the Further Decision) which provides: Pursuant to s 31(1) of the Act I hereby order THAT by no later than close of business on 20 April 2010 the employer shall pay to shift workers subject to the Nurses (Tasmanian Public Sector) Award 2005 who have worked on a public holiday prior to the date of this order double time (exclusive of shift allowance) for time so worked EXCEPTING WHERE a shift worker has already taken time off in lieu of double time in which case such time off shall be off-set against the payment required by this order and EXCEPTING WHERE a shift worker has already been paid double time. This order applies to current employees and to shift workers who performed work for the employer on and from 1 January 2006 and whose employment has ceased. be wholly suspended; (b) ORDER No. 2 (paragraph [23] of the Further Decision) which provides: Pursuant to s31(3) of the Act I hereby order that the Australian Nursing Federation Tasmanian Branch and the Minister administering the State Service Act 2000 make application to the Commission to vary Clause 2 (h) (ii) (3) of Part V of the Nurses (Tasmania Public Sector) Award 2005 by deleting the current words and inserting in lieu thereof the following: subject to operational requirements, a shift worker who is required to work on a public holiday may elect to take time off in lieu thereof, in which case the above penalty shall not apply. The time at which the time off in lieu is taken is at the employees election. In the event the employer has reasonable grounds for operational reasons to seek to vary the date of that election, and a dispute arises, such dispute shall be dealt with in accordance with the dispute settlement procedure set out at Part VIII of this award. Such application is to be made no later than close of business on 20 November 2009. be wholly suspended subject to the conditions that: (i) such suspension is without prejudice to the agreement of the parties recorded in the first sentence of paragraph [23] of the Further Decision which provides that: The parties are agreed that in future the preferred method of payment to shift workers who work on public holidays should be that they be paid double time, rather than be granted time off in lieu of the penalty payment. and (ii) the Appellant will without prejudice apply the Nurses (Tasmanian Public Sector) Award 2005 consistently with the terms of the variation referred to in ORDER No. 2; (c) So much of ORDER No. 3 (paragraph [24] of the Further Decision) which provides: Pursuant to s31(1)of the Act and notwithstanding Order 1 and separate from the entitlements contained therein, on and from the date of these orders I hereby order that the employer shall, in respect of the period commencing 1 January 2006 and continuing, add to shift workers periods of annual leave one day for every statutory holiday referred to in clause 2 of Part VI of the award whether or not such holiday is or was observed on a day which, for each shift worker, was or would be a rostered day off EXCEPTING WHERE prior to the date of these orders the employer has already added to a shift workers period of annual leave one day for a statutory public holiday referred to in clause 2 of Part VI of the award. be suspended as is constituted by the following terms: (i) in respect of the period commencing 1 January 2006 and continuing,; and (ii) EXCEPTING WHERE prior to the date of these orders the employer has already added to a shift workers period of annual leave one day for a statutory public holiday referred to in clause 2 of part VI of the award; and (d) ORDER No. 4 (paragraph [25] of the Further Decision) which provides: Pursuant to s31(1) of the Act I hereby order THAT no later than close of business on 20 April 2010 the employer pay to shift workers who were employed on or after 1 January 2006 but whose employment has ceased prior to the date of this order an amount of money equivalent to the amount those shift workers would have been paid for the days added (including projected shift leave loading) had the respondent added to those shift workers periods of annual leave one day for every statutory holiday referred to in clause 2 of Part VI of the award whether or not such holiday was observed on a day which, for each shift worker, was or would have been a rostered day off EXCEPTING WHERE prior to the date of these orders the employer has already added to a shift workers period of annual leave one day for a statutory holiday referred to in clause 2 of Part VI of the award. be wholly suspended pending the determination of the appeal or further Order. [3] A Directions hearing is listed for 10.30am on 24 March 2010 by videolink.
P L Leary
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