TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s70 & s71 appeal against decision

Minister administering the State Service Act 2000 
(T14214 of 2014)

and

Australian Nursing and Midwifery Federation (Tasmanian Branch).

Appeal against a decision President T J Abey in Matter T14097 of 2013 (Suspension application)

DEPUTY PRESIDENT N M WELLS
COMMISSIONER M A G GAY
COMMISSIONER T LEE
	HOBART, 12 May 2014	
DECISION		
		
Application for suspension – grounds of appeal – consent position – suspension granted

[1]	This is an application by the Minister administering the State Service Act 2000 (MASSA) (the appellant) pursuant to section 71(4) of the Industrial Relations Act 1984 (the Act) to suspend the operation of a Decision dated 9 April 2014 of Abey P in T14097 of 2013 where he ordered:

“Pursuant to s31(1) of the Act I hereby order:

That the Head of Agency assign the classification of Grade 5 to the duties and role of Child and Family Health Nurse – Home Visitor employed in the cu@home program, such classification to be consistent with the requirements of Schedule 8 of the Nurses and Midwives heads of Agreement 2010.”

[2]	By notice filed on 29 April 2014 the appellant lodged an appeal against this Decision. The notice contains nine (9) grounds of appeal.

[3]	On Wednesday, 6 May 2014 a Notice of Hearing was issued relating to the suspension of the operation of the Decision and Order.  This hearing was listed for Tuesday, 13 May 2014.

[4]	On Friday, 9 May 2014 the Australian Nursing and Midwifery Federation (Tasmanian Branch) (the ANMF) (the respondent) wrote to the presiding member of the Full Bench addressing the issues of Directions to the parties and the suspension of Abey P’s Decision and Order.  Relevantly the letter stated:

“We also wish to advise your Honour and the other members of the Appeal Bench that the ANMF does not oppose the Minister’s application to suspend the Decision and Order in Matter T14097 of 2013, subject to the hearing of the appeal.

Given the foregoing, we respectfully request that the hearing listed for Tuesday, 14 May 2014 be vacated.”

[5]	The application for appeal has been listed for hearing on 21 July 2014.  Directions have today been issued to the parties.

[6]	In light of the consent position of the parties on the issue of the suspension of the Decision and Order of Abey P, we grant the application for suspension.

[7]	Pursuant to section 71(4A) of the Act, we suspend the Abey P’s order in matter T14097 of 2013 pending the determination of the appeal.

[8]	The hearing listed for Tuesday, 13 May 2014 is vacated.

N M Wells
Deputy President