AW790714 PR908953

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AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

Workplace Relations Act 1996

Review of award pursuant to Item 51 of Part 2 of Schedule 5 of the

Workplace Relations and Other Legislation Amendment Act 1996

(C No. 00339 of 1998)

NGANAMPA HEALTH COUNCIL (COMMUNITY HEALTH NURSING STAFF) AWARD, 1987

(ODN C No. 00883 of 1984)

[Print G9389 [N0065]]

Various employees

Northern Territory

   

COMMISSIONER EAMES

MELBOURNE, 13 SEPTEMBER 2001

Award simplification.

DECISION

[1] The Commission as constituted in this matter called several conferences involving all the relevant parties, on its own motion, pursuant to s.33 of the Workplace Relations Act 1996 (the Act). The first of those conferences being convened on 27 July 1998. It was not possible however to hear all the parties views and submissions prior to the expiry of the Item 49 interim period (as described in the transitional provisions).

[2] The Award has now come before the Commission pursuant to Item 51 of the WROLA Act, and many conferences, some chaired by the Commission, and others only involving the parties, have been conducted in an endeavour to seek an agreement regarding the terms of the Award, bearing in mind s.89A of the Act. The conferences involving the Commission were conducted in Darwin on 4 occasions.

[3] Overwhelmingly, the variations to the Award, dealt with in this decision, reflecting co-operative compromise and acceptance of test case standards, has presented the Commission with a position presented by the Australian Nursing Federation (ANF), and not contested by the Nganampa Health Council.

[4] I am satisfied that the position presented to me by the ANF, giving rise to changes both in the content, and/or the structure of award clauses meets all the necessary criteria set out in the Act, including having regard to Item 51(3). I adopt those changes without deeming it necessary to comment on them, in this decision.

[5] Where there was a clause proposed, and a relevant provision has been deleted, it has occurred because I have formed the view, that the provisions were either not allowable pursuant to s.89A(2) of the Act, or were not incidental to allowable award matters, and necessary for the effective operation of the Award, pursuant to s.89A(6) of the Act.

[6] Principle 7 of the Award Simplification Principles [Print P7500] provides as follows:

[7] Principle 9 also provides as follows:

[8] The retention of sub-clause 11.4.5 in its present form is necessary and incidental to the operation of this Award, as supported by the decision of the Commission in Print PR905702.

[9] Clause 41 has been redrafted in the form of an allowance, consistent with earlier Full Bench decisions related to allowances.

Conclusion

[10] The Award will be varied in the terms set out in the draft proposed by the ANF, subject to the alterations, additions and deletions I have set out in this decision. In my view the Award will, when varied, be consistent with the Award Simplification Principles and the requirements of Item 51(3) of the WROLA Act.

[11] As varied, the Award will satisfy the criteria set out in sub-items (6) and (7) of Item 51 of Part 2 of Schedule 5 of the WROLA Act.

[12] The variations will come into force from today's date and continue in force for a period of 12 months.

BY THE COMMISSION:

COMMISSIONER

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