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T7666 (1 April 1999)

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s70 appeal against decision

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

(T7666 of 1998)

and

Minister for Public Sector Administration

 

FULL BENCH:
DEPUTY PRESIDENT B R JOHNSON
COMMISSIONER R J WATLING
COMMISSIONER P A IMLACH

HOBART, 1 April, 1999

Appeal - decision by President F D Westwood on 17 April 1998 in matter T7589 of 1998 - application dismissed - file closed

REASONS FOR DECISION

On 19 June 1998 we published our Reasons for Interim Decision in relation to the above appeal proceedings. In that decision, after referring the matter back to the President with certain directions, we adjourned the hearing sine die.

On 23 June 1998, in response to the Full Bench's directions, the President published Further Reasons for Decision in connection with the matters under appeal. The purpose of that decision was to clarify one aspect of the President's original decision in matters T7589 and T7629-the subject-matter of these appeal proceedings.

On 24 February 1999 I wrote to the appellant organisation in the following terms:

"This appeal matter was last before the Full Bench on 6 August 1998 when the matter was adjourned 'sine die'.

Subsequently, by telephone advice to my Associate (Mrs J Gillie) on 18 November 1998, the Union indicated an intention to withdraw the appeal. If that is still the Union's position will you please confirm your intentions in writing by no later than 19 March 1999. If I do not hear from you to the contrary within that time, I will assume that the Full Bench may close the file."

Since there was no reply to the Presiding Member's letter, we dismiss the application and close the file on the grounds that, pursuant to Section 21(2)(c)(ii) of the Act, we are satisfied that further proceedings are not necessary or desirable in the public interest.

 

B R Johnson
DEPUTY PRESIDENT

Appearances:
Ms S Strugnell with Mr K Stevens for The Community and Public Sector Union (State Public Services Federation Tasmania).
Mr C Willingham with Mr P Gourlay for the Minister for Public Sector Administration.

Date and Place of Hearing:
1998
June 18
August 6
Hobart