[2009] AIRCFB 853 [2009] AIRCFB 853 Download Word Document AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION DECISION Workplace Relations Act 1996 s.423(3)—Bargaining period Health Services Union v Austin Health (BP2007/4059) SENIOR DEPUTY PRESIDENT LACY DEPUTY PRESIDENT IVES COMMISSIONER LEWIN MELBOURNE, 18 SEPTEMBER 2009 Workplace Determination – interpretation and application of decision – chief structures in amalgamated departments in amalgamated hospitals – entitlement to sole allowance – employers’ classification structures. [1] On 3 April we issued a decision 1 in relation to a Workplace Determination to apply to what are broadly known as “allied health professionals” employed in Victorian Health Services or Community Health Centres in the public health system. The decision dealt with an extensive catalogue of issues concerning the form and content of an appropriate Workplace Determination to apply to the various employers and their employees. [2] At paragraph 162 of that decision the following is stated. “We have decided that, in light of the varied and particular requirements for some of the employers, the orders necessary to give effect to this decision in the determinations before us should be drawn and filed by the respondents. Commissioner Lewin will settle the orders with recourse to the Full Bench.” [3] Subsequent to the April decision the parties have worked to produce orders to give effect to the decision and have largely been successful in reaching agreement on the terms of orders which are appropriate to apply to the various employers and their employees affected by the decision. [4] However, it was not possible for the parties to reach agreement on all such matters. On 21 August 2009 the Commission was advised of this situation and an outline of a number of outstanding issues concerning the appropriate interpretation of the April 3 decision. The Commission was asked to conduct a conference and provide assistance in resolving those issues. [5] On 8 September a conference as requested was convened by Commissioner Lewin and several of the issues which were notified were resolved amicably with the assistance of the Commission. There remain 3 issues concerning the interpretation and application of the April 3 decision which must be dealt with so that final orders may be made. Commissioner Lewin directed that the parties file written submissions in relation to these issues. It was resolved that these issues would be determined by the Commission and the parties agreed that this would enable the implementation of variations to salaries and conditions of employment arising from the April 3 decision. The filing of submissions in accordance with the Commission’s direction was completed on Tuesday 15 September. [6] We have considered the submissions of the parties concerning the proper application of the April 3 decision. In the circumstances and having regard to the nature of this decision we do not intend to review those submissions or our decision concerning the appropriate text of a Workplace Determination to give effect to that decision. Rather, we hereby state that the proper construction of our decision for the purposes of the drafting of the orders in order to give effect thereto is as follows, as submitted by the Health Services Union. - The existing chief structures in amalgamated departments in amalgamated hospitals provision (clause 19.10.5) of the Award will be included in the determinations; - The existing entitlement to sole allowance will be included in the determinations; and - The employers’ classification structures (subject to agreement between the parties in respect of the Grade 3 and 4 definitions) where in accordance with the existing definitions in the Award and Agreement will be included in the determinations. BY THE COMMISSION: SENIOR DEPUTY PRESIDENT 1 [2009] AIRCFB 353 Printed by authority of the Commonwealth Government Printer <Price code A, PR989353>