Department of Justice

Tasmanian Industrial Commission

www.tas.gov.au
Contact  |  Accessibility  |  Disclaimer

Recent Decisions

RECENT DECISIONS

[2023] TASIC 37 - T14967 of 2022 - Blume v Minister administering the State Service Act 2000 (PDF, 252.5 KB)
President Barclay - August 2023 - Tasmanian Health Service Termination of employment – COVID 19 – whether breach of the Code of Conduct - whether termination unfair.

[2023] TASIC 31 - T15039 Variation of the Health and Human Services Award (PDF, 529.8 KB)
Award variation – Appendix 11: Dental Officers – consent application – operative from the first full pay period commencing on or after 20 June 2023.

T15038 of 2023 - Variation of the Police Award [2023] TASIC 26 (PDF, 530.4 KB)
President Barclay - 20 June 2023 - Award variation – leave entitlements – consent application – various operative dates.

T15025 of 2023 - Filing of the Firefighting Industrial Agreement no. 2 of 2022 [2023] TASIC 27 (PDF, 226.9 KB)
President Barclay - 20 June 2023 - Industrial agreement – application approved – effective from 1 July 2022 and will remain in force until 30 June 2025

T15035 of 2023 - Filing of the Department of State Growth Engineers Industrial Agreement 2023 [2023] TASIC 25 (PDF, 217.5 KB)
Deputy President Ellis - 15 June 2023 - Industrial agreement – new agreement – change of parties -order by consent - operative from 1 March 2023.

T15027 of 2023 - Variation of the Health and Human Services (Tasmanian State Service) Award [2023] TASIC 21 (PDF, 226.1 KB)Deputy President Ellis - 8 June 2023 - Award variation – market allowance-higher duties allowance - more responsibility allowance - mixed function allowance-travel allowances - lead apron allowance - hours of work and overtime for Day Work - Time Off in Lieu for Overtime - Workplace delegates - night shift penalty 27.5% - consent application - consent order issued - operative date for the variations FFPPOA 15 May 2023.

T15026 of 2023 - Variation of the Tasmanian State Service Award [2023] TASIC 20 (PDF, 273.2 KB)
Deputy President Ellis - 8 June 2023 - Award variations –market allowance-higher duties allowance-more responsibility allowance- travel allowances- foul and nauseous allowance-ordinary hours of work - compressed hours arrangement-overtime for day work - time off in lieu for overtime - workplace delegates - Appendix 16 Department of Education - consent application - consent order issued-operative date for the variations FFPPOA 15 May 2023.

T15033 of 2023 - Variation of the Port Arthur Historic Site Management Authority Award [2023] TASIC 23 (PDF, 205.3 KB)
President Barclay - 6 June 2023 - Award variation – consent application - consent order issued - operative date from the first full pay period commencing on or after 26 May 2023

T15032 of 2023 - Variation of the AWU (Tasmanian State Sector) Award [2023] TASIC 22 (PDF, 199.8 KB)
President Barclay - 6 June 2023 - Award variation - consent application - consent order issued - operative date from the first full pay period commencing on or after 26 May 2023

T15023 of 2023 - Variation of the Ambulance Tasmania Award [2023] TASIC 17 (PDF, 157.8 KB)
President Barclay - 17 May 2023 - Award variation –superannuation - types of leave - consent application - consent order issued - operative date for the variations, save the variations to clauses 7 and 8 of Part 1 and clause 5 of Part VIII, will be from the first full pay period commencing on or after 1 December 2022. The variation to clause 7 and 8 of Part 1 and clause 5 of Part VIII will be from the first full pay period commencing on or after 2 May 2023.

T15022 of 2023 - Variation of the Health and Human Services (Tasmanian State Service) Award [2023] TASIC 16 (PDF, 164.7 KB)
President Barclay - 17 May 2023 - Award variation – updated employment categories – superannuation - types of leave - consent application - consent order issued - operative date for the variations, save the variations to clauses 7 and 8 of Part 1 and clause 5 of Part IX, will be from the first full pay period commencing on or after 1 December 2022. The variation to clause 7 and 8 of Part 1 and clause 5 of Part IX will be from the first full pay period commencing on or after 2 May 2023

T15021 of 2023 - Variation of the Facility Attendants (Tasmanian State Service) Award [2023] TASIC 15 (PDF, 162.6 KB)
President Barclay - 17 May 2023 - Award variation – updated employment categories – superannuation - types of leave - consent application - consent order issued - operative date for the variations, save the variations to clauses 7 and 8 of Part 1 and clause 5 of Part VII, will be from the first full pay period commencing on or after 1 December 2022. The variation to clause 7 and 8 of Part 1 and clause 5 of Part VII will be from the first full pay period commencing on or after 2 May 2023

T15020 of 2023 - Variation of the Port Arthur Historic Site Management Authority Award [2023] TASIC 14 (PDF, 177.5 KB)
President Barclay - 17 May 2023 - Award variation – updated employment categories – superannuation - types of leave - consent application - consent order issued - operative date for the variations, save the variations to clauses 7 and 8 of Part 1 and clause 5 of Part VII, will be from the first full pay period commencing on or after 1 December 2022. The variation to clause 7 and 8 of Part 1 and clause 5 of Part VII will be from the first full pay period commencing on or after 2 May 2023

T15019 of 2023 - Variation of the AWU (Tasmanian State Sector) Award [2023] TASIC 13 (PDF, 177.6 KB)
President Barclay - 17 May 2023 - Award variation – updated employment categories – superannuation - types of leave - consent application - consent order issued - operative date for the variations, save the variations to clauses 7 and 8 of Part 1 and clause 5 of Part VII, will be from the first full pay period commencing on or after 1 December 2022. The variation to clause 7 and 8 of Part 1 and clause 5 of Part VII will be from the first full pay period commencing on or after 2 May 2023.

T14931 of 2022 - Davie v Minister administering the State Service Act 2000/Department of Health [2023] TASIC 5 (PDF, 189.5 KB) President Barclay - 10 May 2023 - Application relating to termination of employment - preliminary question - whether notice required to be given to the employee pursuant to section 44 of the State Service Act requires actual notice to the employee

T15018 of 2023 - Variation of the Tasmanian State Service Award [2023] TASIC 12 (PDF, 180.9 KB)
President Barclay - 9 May 2023 - Award variation – updated employment categories – superannuation - types of leave - consent application - consent order issued - operative date for the variations, save the variations to clauses 7 and 8 of Part 1 and clause 5 of Part VIII, will be from the first full pay period commencing on or after 1 December 2022. The variations to clause 7 and 8 of Part 1 and clause 5 of Part VIII will be from the first full pay period commencing on or after 2 May 2023

T15024 of 2023 - Filing of the Teachers Agreement 2023 [2023] TASIC 19 (PDF, 177.8 KB)
President Barclay - 9 May 2023 - Industrial agreement – application approved – variation of agreement – effective from 20 September 2022 and will remain in force until 19 September 2025

T15015 of 2023 - Filing of the AWU Bushfire Suppression Operations and Planned Burns Agreement No.2 of 2021 [2023] TASIC 18 (PDF, 211.5 KB)
Deputy President Ellis - 5 May 2023 - Industrial agreement – application approved – variation of agreement – salary increases, Winching Availability Allowance, Role Tables name amendments -effective from 1 September 2021

T14922 of 2022 - Minister administering the State Service Act 2000 / Department of Health v  United Firefighters Union of Australia, Tasmania Branch [2023] TASICFB 1 (PDF, 1.1 MB)
Full Bench - 14 September 2022 - Tasmanian Firefighting Industry Employees Award - Holiday pay and overtime – working on a public holiday when not rostered to do so – whether entitled to pay for the public holiday and to also be paid overtime

T14912 of 2022 - Aitken v Minister administering the State Service Act 2000 – Department of Education (PDF, 401.5 KB)
President Barclay - 1 September 2022 - Application for unfair dismissal remedy – nature of hearing – whether de novo hearing

REDACTED DECISIONS

Applicant No 1 of 2017 and Tasmanian Health Service (PDF, 57.2 KB)
President Barclay - 9 May 2017 - Review Selection – process issues - allegations of actual and apprehended bias of chair of selection panel - no actual or apparent bias

Applicant No 1 of 2018 and A Department of the State of Tasmania (PDF, 35.4 KB)
President Barclay - 28 March 2018 - Decision by Acting Secretary to commence investigation pursuant to clause 7.1 of Employment direction 5 – procedural fairness – whether Applicant entitled to procedural fairness at the time decision made – held – not entitled to procedural fairness at that stage of ED 5 process

Applicant No 2 of 2018 and A Department of the State of Tasmania (PDF, 62.9 KB)
Deputy President Ellis - 4 June 2018 - Jurisdictional objections- State Service review process, s 50(1)(b)-preliminary decision- issue of ‘out of time’- definition of action and event- impact of internal dispute resolution process-found that application was not out of time-jurisdictional application dismissed

Applicant No 1 of 2020 and A Department of the State of Tasmania (PDF, 57.9 KB)
President Barclay - 30 October 2020 - Nature of review under section 50 State Service Act explained – Application for appointment without advertising under clause 17.4 of Employment Direction 1 – no error found – application dismissed

Applicant No 1 of 2021 and  Tasmanian Health Service (PDF, 248.9 KB)
President Barclay - 9 December 2021 - Application for Review of Actions – Mandatory Vaccination direction – whether the actions sought to be reviewed are “actions” within the meaning of s 50 of the State Service Act 2000 (Tas)