AW790714 PR908953
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:
Award simplification does not involve a general view of the level of award entitlements. Despite this, entitlements coming within Items 49(7)(b) and (c) and Items 51(6)(b) and (c) may be altered if a proper basis exists for doing so.
[7] Principle 9 also provides as follows:
The new Hospitality Award which we propose, subject to settlement of the draft order, provides guidance to the parties to other awards in the award simplification process. In each award, account will need to be taken of any special circumstances which might be relevant. To assist award parties generally, we have prepared two tables which illustrate the application of ss.89A(2) and (6) to the Hospitality Award (Attachments D and E). In addition to the personal leave model framework clause (Attachment B) our proposed award contains amended model clauses for enterprise flexibility, anti-discrimination and parental leave.
[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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