TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award or award variation

Health Services Union of Australia
Tasmania No. 1 Branch
(T.4014 of 1992)

Making of new award - title and scope

REASONS FOR DECISION

This application (as amended) was lodged by the Health Services Union of Australia Tasmania No. 1 Branch (HSUA), pursuant to section 23 of the Industrial Relations Act 1984, for the purpose of making a new award to be known as the Community and Health Services (Public Sector) Award.

The application sought the new award be made in respect of persons employed in the Department of Community and Health Services and who are employees within the meaning of the Tasmanian State Service Act 1984, and occupy a position within the agency which requires the performance of professional, technical, operational or administrative and clerical work.

Employees falling within the Scope of the Medical Practitioners (Public Sector) Award, Dental Employees Award and the Tasmanian Ambulance Service Award would not be included in the new award nor is it intended to cover nursing classifications or senior executives covered by the industrial agreement registered with the Commission titled Senior Executive Service Interim Industrial Agreement.

In his supporting submissions Mr Kleyn, of the HSUA stated that the application for the new agency award was consistent with the decision¹ handed down by a Full Bench of the Commission on 23 April, 1993.

That decision stated in part:

"In the circumstances, we consider that the parties should now feel free to exercise options which could include arrangements designed to suit individual agency circumstances, whether this be by way of enterprise or agency awards, industrial agreements or enterprise agreements."

That decision went on to say:

"In accordance with the Wage Fixing Principles any application which contemplates increases in wages and salaries or improvements in conditions which exceed those allowable under the October 1989 and the August 1991 State Wage Case decisions will be processed as a special case before a Full Bench of the Commission, unless otherwise determined by the President."

Mr Kleyn also submitted that the application conformed with the award restructuring `Memorandum of Understanding' which was presented during the course of earlier hearings before the Commission².

Mr Kleyn stated that the application, if successful, would see the seventeen (17) awards currently applying in the Department Community and Health Services eventually reduced to four (4).

The submissions from the applicant were fully supported by the Mr Aiken for the Tasmanian Public Service Association and Mr Stevens representing the Minister administering the Tasmanian State Service Act 1984.

We are satisfied, having heard the submissions presented during the course of this hearing, that a new award, to be known as the Community and Health Services (Public Sector) Award, should be made in the terms agreed to by the parties.

The new award is part of the restructuring programme for the Hospital Employees' (Public Hospitals) Award and indeed awards of the Public Sector generally and as such, the application is consistent with the Wage Fixing Principles.

In keeping with the Commission's earlier decision of 23 April, 1993³ the making of this new award will, in respect to rates of pay and conditions of employment, be processed as a special case.

We also endorse the submissions of the parties that the residual matters relating to this application be heard by a Commissioner sitting alone. Therefore, this application will now be referred to Commissioner Watling to hear and determine all outstanding issues.

Having decided to establish this new award it will now be open to any registered organisation to seek an interest in the award in accordance with the provisions of the Industrial Relations Act 1984.

As the making of this new award has not been completed and submissions have yet to be presented in respect of rates of pay and conditions of employment, the parties will be required to continue observing the awards in the set out in the Order.

The Order giving effect to this decision is attached and shall be operative from 7 October, 1993.

Appearances:
Mr T Kleyn for the Health Services Union of Australia Tasmania No. 1 Branch.
Mr P Aiken with Mr P Mazengarb and Ms C Gilewicz for the Tasmanian Public Service Association.
Mr M Stevens with Mr M Watson for the Minister administering the Tasmanian State Service Act 1984.

Date and place of hearing:
1993
Oct 4
Hobart

1  T.Nos.2399, 2467, 2469, 2470, 2471, 2472, 2473, 2475, 2476 2477, 2478, 2479, 2480, 2481, 2653, 2654, 2655, 2656, 2657, 2511, 2605, 2504, 2506 & 2456 of 1990, T.3200, 2992 & 3625 of 1991 and T.Nos. 1844 and 2264 of 1989
2 ibid
3 ibid