The Commission
The Commission is an independent tribunal established under the Industrial Relations Act 1984. Staffing and support services are provided by the Department of Justice.
From 4 February 2013, the Tasmanian Industrial Commission will also review applications by State Service employees in relation to selection and other actions relating to their employment. This follows amendments to both the State Service Act 2000 and the Industrial Relations Act 1984.
The Commission's role is related only to the Tasmanian State Service and is to:
- conciliate and arbitrate to resolve industrial disputes, including claims of unfair dismissal
- fix wages rates
- set terms and conditions of employment by making industrial awards and approving enterprise agreements and industrial agreements.
- review an action in respect of which an application for review has been made under section 50(1) of the State Service Act 2000.
Unless otherwise outlined in an award or registered agreement, the Long Service Leave Act 1976 will continue to apply to private sector employees in Tasmania and will be administered by Workplace Standards Tasmania - telephone 1300 366 322 (Callers outside Tasmania (03) 6233 7657). The Commission can hear disputes in relation to long service leave in the private sector.
Members of the Commission are:
- President Tim Abey
- Deputy President Nicole Wells
- Commissioner Michael Gay (also holds office as a Commissioner of the Fair Work Commission)
- Commissioner Barbara Deegan (also holds office as a Commissioner of Fair Work Commission)
The Industrial Registry
The Registry provides administrative support to the Commission.
Registry Hours are 9.00am to 4.30pm, Monday to Friday, excluding public holidays.
Industrial and State Service review applications on the prescribed form in relation to matters to be heard and determined by the Commission or Registrar are filed with the Registry and no filing fee applies.
The Registry also maintains a historical record of awards it has made and varied.
The Registrar has certain discrete statutory powers and responsibilities arising out of and prescribed by the Industrial Relations Act 1984 and responsibilities related to the State Service Act 2000.
Applications on the prescribed form in relation to matters to be heard and determined by the Commission or Registrar are filed with the Registry and no filing fee applies.
The Registry also maintains a historical record of awards it has made and varied.
The Registrar has certain discrete statutory powers and responsibilities arising out of and prescribed by the Industrial Relations Act 1984 and responsibilities related to the State Service Act 2000.
These include:
- causing notices to be issued that an award has been made
- registering of associations of employers or employees
- approving the alteration of rules of registered organisations
- effecting amalgamations between two or more organisations
- initiating proceedings for the cancellation of registration of an organisation if the Registrar is of the opinion that an organisation has forfeited its right to represent its members in Tasmania with respect to industrial matters.
- administering applications from State Service employees seeking a review of a State Service action.
Staff cannot provide advice or comment on the merits of an application. They also cannot provide opinion or advice on or interpret awards or agreements. However, staff can assist applicants with information and direction regarding application processes.
Transcripts
Hearings before the Commission and Registrar are recorded.
A transcript of proceedings is produced whenever an award is being made or varied.
In all other matters a transcript of proceedings is produced only at the direction of the presiding member who will also decide if the transcript is to be restricted only to the parties.
If a transcript of proceedings is produced, a copy is provided without charge only to the parties who attended the hearing.
In relation to State Service review matters proceedings may be manually and/or electronically recorded at the direction of the presiding member.
As a general rule, a transcript will be produced for formal State Service review hearings and made available to the parties only.
Transcripts of proceedings , if not restricted to the parties, can be perused at the Registry but if a copy is required the Registry will provide a copy and charge $10.00 for each 10 pages or part thereof.