T13006
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Minister administering the State Service Act 2000 HOBART REGIONAL WATER BOARD STAFF AWARD
Rescission of award - operative 29 August 2007 REASONS FOR DECISION [1] This application, made by the Minister administering the State Service Act 2000, sought to rescind the Hobart Regional Water Board Staff Award. [2] The matter was set down for hearing on Wednesday, 29 August 2007 at 9.30 am in the Commonwealth Law Courts, 39-41 Davey Street, Hobart, Tasmania. The following organisations were advised of the hearing details: · The Community and Public Sector Union (State Public Services Federation Tasmania) Inc. · Minister administering the State Service Act 2000; and · Tasmanian Trades and Labor Council [3] Mr P Baker, for the Minister, presented a submission to the Commission which, simply stated, identified that employees who fell within the scope of the above award were now employed by a constitutional corporation and as such, did not fall within the ambit of the Industrial Relations Act 1984. He claimed that as the employees were now subject to Schedule 8 of the Workplace Relations Act 1996 (as amended) the award should be rescinded. [4] Mr Di Pretoro, for The Community and Public Sector Union (State Public Services Federation Tasmania) Inc. endorsed the submission presented by Mr Baker. [5] Given the submissions of the parties to the award, I hereby determine that the Hobart Regional Water Board Staff Award be rescinded as an award of the Tasmanian Industrial Commission on and from the 29 August 2007, and I so Order. [6] The Order giving effect to this decision is attached.
James P McAlpine Appearances: Date and place of hearing:
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