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TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

s23 application for award or variation of award

The Minister administering the State Service Act 2000

(T14363of 2015)

DEPUTY PRESIDENT N M WELLS / HOBART, 23 NOVEMBER 2015

Award variation – consent application – consent order issued –shift workon a Saturday and Sunday – shift work on a holiday with pay – recreation leave exclusive of holidays with pay – operative date from date of decision

DECISION

[1]On 27October 2015, 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 Health and Human Services (Tasmanian State Service) Award (the Award).

[2]At the hearing in Hobart on 12 November 2015, Mr K Greyand appeared for MASSA. Mr R Moore and Ms T Munro appeared for the Health Services Union, Tasmania 1 Branch (HSU) and Mr B Dowker appeared for The Community and Public Sector Union (State Public Services Federation of Tasmania) Inc. (CPSU).

[3]Mr Grey sought that the Award be varied in the following terms:

  • Part VIII – PROVISIONS FOR SHIFT WORK, Clause 1 ‘Shift Work’, subclause (h) be replaced with a new clause now entitled “Work on a Saturday and Sunday”;
  • Part VIII – PROVISIONS FOR SHIFT WORK, Clause 1 ‘Shift Work’, include a new subclause (i) entitled “Work on a Holiday with Pay”;
  • Part IX – LEAVE AND HOLIDAYS WITH PAY, Clause 5 ‘Recreation Leave’, subclause (v) be replaced with a new clause now entitled “Recreation Leave Exclusive of Holidays With Pay”.

[4]Mr Grey explained the application of the clauses and that the accrual of a Holiday Leave Day would be calculated separately from employees’ recreational leave balances and that employees had the right to nominate the type of leave they were accessing. Mr Grey submitted that the variation is to take effect from the date of this decision.

[5]Mr Moore of the HSU supported the variation sought although indicated that the HSU’s preferred position was that the accrual of a Holiday Leave Day should not have been separate to an employee’s usual recreational leave accrual. Mr Moore advised that the HSU’s support for the variation was predicated on the understanding that an Employment Policy Guideline would include a form of words that captured the entitlement for employees to nominate the type of leave they were accessing at any given time.

[6]Mr Dowker of the CPSU supported the submissions of Mr Moore and the HSU’s view of the inclusion of an employee’s right to nominate the type of leave accessed, into an Employment Policy Guideline.

[7]Mr Grey confirmed on transcript that an Employment Policy Guideline would capture the intent of the parties that there would be no change to the ability for employees to nominate the type of leave they were accessing.

[8]All parties recommended the variation to the Commission and submitted that such variation did not offend the public interest. I am satisfied that the application is consistent with the public interest requirements of the Act.

[9]The application for variation of the Award is granted with an operative date of today.

[10]The order reflecting this decision will follow.

N M Wells

Deputy President

Appearances:

Mr K Grey, for the MASSA

Mrs E McCarthy, for the MASSA

MrR Moore, for the HSU

Ms T Munro, for the HSU

Mr B Dowker, for the CPSU

Date and place of hearing:

2015

12 November

Hobart