Health Services Union of Western Australia (Union of Workers) -v- The Director General of Health as delegate of the Minister of Health in his incorporated capacity under section 7 of the Hospitals and Health Services Act 1927 (WA)
Document Type: Order
Matter Number: PSACR 1/2011
Matter Description: Dispute re leave entitlements due to union member
Industry: Government Administration
Jurisdiction: Public Service Arbitrator
Member/Magistrate name: Acting Senior Commissioner P E Scott
Delivery Date: 3 May 2012
Result: Declaration and Order
Citation: 2012 WAIRC 00261
WAIG Reference: 92 WAIG 539
DISPUTE RE LEAVE ENTITLEMENTS DUE TO UNION MEMBER
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES HEALTH SERVICES UNION OF WESTERN AUSTRALIA (UNION OF WORKERS)
APPLICANT
-V-
THE DIRECTOR GENERAL OF HEALTH AS DELEGATE OF THE MINISTER OF HEALTH IN HIS INCORPORATED CAPACITY UNDER SECTION 7 OF THE HOSPITALS AND HEALTH SERVICES ACT 1927 (WA)
RESPONDENT
CORAM PUBLIC SERVICE ARBITRATOR
ACTING SENIOR COMMISSIONER P E SCOTT
DATE THURSDAY, 3 MAY 2012
FILE NO PSACR 1 OF 2011
CITATION NO. 2012 WAIRC 00261
Result Declaration and Order issued
Declaration and Order
HAVING heard Mr M Swinbourn on behalf of the applicant and Mr C Gleeson and Ms T Sweeney on behalf of the respondent, the Public Service Arbitrator pursuant to the powers conferred under the Industrial Relations Act 1979, hereby:
A. DECLARES THAT:
1. Ms Geraghty’s anniversary date for long service leave purposes is her commencement date of 1 August 1995; and
2. Ms Geraghty is entitled to long service leave ten years after 1 August 1995 excluding the relevant periods; and
3. Periods of service which are relevant periods and do not count towards the ten years of continuous service are:
(a) the period of service from 1 August 1995 to 22 February 1999 which was converted to recreational leave in accordance with the Workplace Agreement; and
(b) the period of employment from 25 September 2000 to 7 October 2001 which was covered by the Workplace Agreement; and
(c) the period of leave without pay from 27 July 2008 to 12 June 2011.
B. ORDERS THAT the matter be and is hereby otherwise dismissed.
ACTING SENIOR COMMISSIONER P E SCOTT
PUBLIC SERVICE ARBITRATOR
DISPUTE RE LEAVE ENTITLEMENTS DUE TO UNION MEMBER
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Health Services Union of Western Australia (Union of Workers)
APPLICANT
-v-
The Director General of Health as delegate of the Minister of Health in his incorporated capacity under section 7 of the Hospitals and Health Services Act 1927 (WA)
RESPONDENT
CORAM PUBLIC SERVICE ARBITRATOR
Acting Senior Commissioner P E Scott
DATE THURSday, 3 MAY 2012
FILE NO PSACR 1 OF 2011
CITATION NO. 2012 WAIRC 00261
Result Declaration and Order issued
Declaration and Order
HAVING heard Mr M Swinbourn on behalf of the applicant and Mr C Gleeson and Ms T Sweeney on behalf of the respondent, the Public Service Arbitrator pursuant to the powers conferred under the Industrial Relations Act 1979, hereby:
- DECLARES THAT:
- Ms Geraghty’s anniversary date for long service leave purposes is her commencement date of 1 August 1995; and
- Ms Geraghty is entitled to long service leave ten years after 1 August 1995 excluding the relevant periods; and
- Periods of service which are relevant periods and do not count towards the ten years of continuous service are:
(a) the period of service from 1 August 1995 to 22 February 1999 which was converted to recreational leave in accordance with the Workplace Agreement; and
(b) the period of employment from 25 September 2000 to 7 October 2001 which was covered by the Workplace Agreement; and
(c) the period of leave without pay from 27 July 2008 to 12 June 2011.
- ORDERS THAT the matter be and is hereby otherwise dismissed.
Acting Senior Commissioner P E Scott
PUBLIC SERVICE ARBITRATOR