TASMANIAN INDUSTRIAL COMMISSION
Industrial Relations Act 1984
s23 application for award or variation of award
The Minister Administering the State Service Act 2000
(T14281 of 2015)
ACTING PRESIDENT N M WELLS
HOBART, 5 FEBRUARY 2015
HEALTH AND HUMAN SERVICES (TASMANIAN STATE SERVICE) AWARD
Award variation – consent application – consent order issued – allowance for
the management of deceased persons pronounced dead on arrival – operative
date first full pay period on or after 16 March 2014
DECISION
[1]
On 23 January 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 30 January 2015, Mr I Evans appeared for MASSA. Mr
R Moore appeared for the Health Services Union, Tasmanian Branch (HSU) and Mr J
Roberts appeared for The Community and Public Sector Union (State Public Services
Federation of Tasmania) Inc. (CPSU).
[3]
Mr Evans sought a variation of the Award by inserting a new clause 8 in Part V
Expense and Other Allowances of the Award in the following terms:
“8. ALLOWANCE FOR THE MANAGEMENT OF DECEASED PERSONS
PRONOUNCED DEAD ON ARRIVAL
(a)
Dead on Arrival – Coroner’s Case
In the absence of Mortuary staff a Health Service
supervisor, directed to perform duties associated with
preparing, identifying and handling a deceased person
management of the Coroner, is to be paid an allowance
occasion.
(b)
Officer, or
accepting,
under the
of $32 per
Dead on Arrival – Release
In the absence of Mortuary staff a Health Service Officer, or
supervisor, required to access a deceased person in the mortuary
who has been released from the management of the Coroner is to be
paid an allowance of $5 per occasion.”
-2-
[4]
Mr Evans advised the insertion of this clause is to formalise a long standing
practice of payment for the work described in the clause, together with the transition to a
flat fee structure which will leave employees better off overall.
[5]
Mr Evans submitted the variation is to take effect from the first full pay period on
or after 16 March 2014 and therefore it is agreed between the parties that back pay will
ensue from this operative date.
[6]
Mr Moore of the HSU supported the variation sought and the submissions of Mr
Evans, and indicated that HSU members were canvassed widely and accepted the
negotiated change to the flat fee structure.
[7]
Mr Roberts of the CPSU also supported the variation sought and the submissions
of Mr Evans and the HSU.
[8]
All parties submitted that the variation sought does not offend the public interest
and recommended the variation to the Commission.
[9]
I am satisfied that the application is consistent with the public interest
requirements of the Act.
[10] The application is granted with an operative date for this new clause from the first
full pay period on or after 16 March 2014.
[11]
The order reflecting this decision is to follow.
N M Wells
Acting President
Appearances:
Mr I Evans, for the MASSA
Mr K Grey, for the MASSA
Mr T Sales, for the Department of Health and Human Services
Mr R Moore, for the HSU
Mr J Roberts, for the CPSU
Date and place of hearing:
2015
30 January
Hobart