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Tasmanian Industrial Commission

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T13928

TASMANIAN INDUSTRIAL COMMISSION

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

The Minister administering the State Service Act 2000
(T13928 of 2012)

PRESIDENT P L LEARY
DEPUTY PRESIDENT T J ABEY
COMMISSIONER B DEEGAN
HOBART, 31 JULY 2012

Award variation – public sector awards – parental leave clause – consent matter – variation approved – operative date 1/8/12

DECISION

[1] On 6 July 2012, 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 awards listed below:

AWU (Tasmanian State Sector) Award
Health and Human Services (Tasmanian State Service) Award
Medical Practitioners (Public Sector) Award
Miscellaneous Workers (Public Sector)
Nurses (Tasmanian Public Sector) Award 2005
Polytechnic and Skills Institute Teaching Staff Award
Port Arthur Authority Award
Tasmanian Ambulance Service Award
Tasmanian Fire Fighting Industry Employees Award
Tasmanian State Service Award
Teaching Service (Tasmanian Public Sector) Award

[2] This application seeks to vary the provision relating to payment for maternity leave in the nominated awards.  Currently the awards provide for 12 weeks paid leave and the application seeks to modify this so as to allow for an employee to elect to take payment for the leave spread over 24 weeks at a consistent rate of pay.

[3] The applicant has advised that the application has been the subject of detailed negotiations with unions party to the affected awards.

[4] On 23 July 2012 correspondence was forwarded to the unions in the following terms.

“The FB intends to hear and determine this matter on the papers if there is no opposition to the variation sought.

Accordingly, unless you advise the Commission marguerite.harmsen @justice. tas.gov.au to the contrary by Friday 27 July it will be taken that you do not oppose the Minister’s application and the awards will be varied in the manner sought with effect from 1 August 2012.”

[5] No union has indicated opposition to the application.

[6] Accordingly we conclude that this is a consent application.

[7] We are satisfied that the application is consistent with the public interest requirements of the Act.

[8] The application is granted and the awards will be varied operative from 1 August 2012.

[9] Orders reflecting this decision follow.


P L  Leary
President

<TIC015/2012>