TASMANIAN INDUSTRIAL COMMISSION
Industrial Relations Act 1984 s70(1) appeal against decision
Timothy Roy Roland (T12424 of 2005)
and
Hobart Workers Club Inc
FULL BENCH: PRESIDENT P L LEARY COMMISSIONER T J ABEY COMMISSIONER J P McALPINE |
HOBART, 16 February 2006 |
Appeal against a Consent Order issued by Deputy President P C Shelley arising out of T12211 of 2005 - Appeal dismissed
REASONS FOR DECISION
[1] Timothy Roy Roland (the applicant), filed an application pursuant to s.29(1A) of the Industrial Relations Act 1984 (the Act) alleging that his termination of employment by the Hobart Workers Club Inc. (the respondent) was unfair and that the respondent had breached the relevant award.
[2] The s.29(1A) application was listed before Deputy President Shelley and an agreement was reached between the parties in settlement of the claim. The Deputy President issued a Consent Order reflecting the settlement reached.
[3] The applicant has appealed the Consent Order claiming that the Deputy President, amongst other things, had denied him procedural fairness. The applicant was also critical of the behaviour of the respondent and inferred that the respondent had misled the Deputy President.
[4] It was explained to the applicant/appellant that there was no right of appeal against a Consent Order. There was no decision made by the Deputy President capable of appeal. The consent order represents the agreement between the applicant and the respondent in settlement of the applicant's claim. It represents no more than the terms of settlement between the parties.
[5] The order is not "...a decision of a Commissioner..." and is therefore not subject to the provisions of s.70 of the Act.
[6] Accordingly the appeal is dismissed.
P L Leary PRESIDENT
Appearances: Mr T Roland representing himself Ms C Allie with Mr M O'Brien for the Hobart Worker's Club Inc.
Date and place of hearing: 2006 January 23 Hobart
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