TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s29 application for a hearing in respect of an industrial dispute

The Community and Public Sector Union
(State Public Services Federation Tasmania)
(T7589 of 1998)

Australian Education Union, Tasmanian Branch
(T7629 of 1998)

and

Minister for Public Sector Administration

Industrial dispute - decision made by employing agency, Department of Education, Community and Cultural Development, affecting the terms of employment for Teacher Aides and Clerical Staff employed for school terms - payment sought for days in excess of school terms - 20 April and 4 September 1998 found to be part of school holidays - recommended Minister honour undertaking to engage employees for 40 or 42 weeks per annum as per past custom and practice - applications dismissed - circumstances of individuals to be considered if discrimination occurs

FURTHER REASONS FOR DECISION

On 17 April 1998 I dismissed the above applications and in my reasons for so doing at page 14 the following finding is recorded:

"It follows from this finding that I do accept the applicants' submissions that these employees are being stood down."

My order dismissing application T7589 was appealed by the Community and Public Sector Union (State Public Services Federation Tasmania) (the CPSU), application T7666 of 1998. One of the grounds of appeal was that "the Commission erred in finding that the employees were stood down".

During the course of the appeal proceedings the Full Bench constituted to hear and determine the matter decided to hear submissions from the parties "on the prima facie understanding of all concerned that the particular sentence should be construed as containing the word `not' in the relevant place", which was between the words "do" and "accept".

Subsequently the Bench "entertained further discussion concerning the meaning and intention" of that finding and granted the CPSU's procedural application to refer the matter back to me for clarification.

Accordingly, pursuant to section 71(13)(c) of the Industrial Relations Act 1984, I have been directed by the Full Bench to take such action as I deem necessary to deal with the subject matter of my decision by clarifying whether the paragraph, as written, truly reflects the intention of my finding or that it misrepresents my intention because of some error or errors of omission.

In response I inform the parties to that application and the Full Bench hearing the appeal application that the word "not" was inadvertently omitted from the paragraph or sentence in contention and that it should read as follows:

"It follows from this finding that I do not accept the applicants' submissions that these employees are being stood down."

 

F D Westwood
PRESIDENT

Appearances:
Ms S Strugnell with Mr K Stevens for the Community and Public Sector Union (State Public Services Federation Tasmania)
Mr D Elliott for the Australian Education Union, Tasmanian Branch
Mr P Gourlay for the Minister for Public Sector Administration, with Mr G Payne on 9.4.98

Date and place of hearing:
1998
April 1, 4
Hobart