T4110 T4111 T4112
TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 The Ambulance Employees' Association of Tasmania
Appeal against decision in matters T.2586 and T.3779 of 1992 - Tasmanian Ambulance Service Award - Clause 23(b) - a provision that 28 days notice of roster change need not be given in certain circumstances - Clause 23(f) - stand down between 2400 and 0700 hours - inclusion of new classification of Ambulance Technician - appeals dismissed REASONS FOR DECISION These three matters were appeals by The Ambulance Employees' Association of Tasmania against decisions of a Commissioner sitting alone to include provisions in an award pursuant to Section 70 of the Industrial Relations Act 1984. All three matters concern decisions of Gozzi, C. to vary the Tasmanian Ambulance Service Award contained in "Reasons for Interim Decision"1 issued on 11 November 1992. The matters were joined for hearing and concerned structural efficiency measures going to:
After hearing the appellant we issued a decision in transcript without requiring the Minister to respond. Our decision pointed out that the Act requires an appellant to specify the grounds upon which an appeal is based. In this instance, whilst the grounds of appeal were notified the appellant failed to address a number of grounds and did not satisfy us as to those which were addressed. On the evidence and material before us we were unable to find that the Commissioner:
We pointed out that there is a clear requirement on an appellant to satisfy the onus of proof, and we did not believe that obligation was discharged in the instance case. For all of these reasons the three appeals were dismissed.
Appearances: Date and Place of Hearing: |