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

Appeal - decision by President F D Westwood on 17 April 1998 in matter T7589 of 1998 - matter referred back to the President for clarification

REASONS FOR INTERIM DECISION

This matter concerns an appeal, pursuant to Section 70(1) of the Industrial Relations Act 1984, by The Community and Public Sector Union (State Public Services Federation Tasmania) (CPSU) against a decision of the President dated 17 April 19981. After recording certain findings, the President decided not to make the orders sought by CPSU regarding, in brief, payment for days worked by some school staff, allegedly in excess of school terms. The grounds of appeal, as lodged, are:

"1. The Commission erred in finding that the 20^th April 1998 and 4^th September 1998, deemed as 'professional activity days', are school holidays.

2. The Commission erred in finding that the employees were stood down.

3. Such other grounds as may be relevant."

When the matter came on for hearing on Thursday, 18 June 1998 Ms S Strugnell appeared with Mr K Stevens for CPSU. Mr C Willingham appeared with Mr P Gourlay for the Minister for Public Sector Administration.

When proceedings commenced a threshold question arose as to the meaning of the following paragraph, which appears at page 14 of the President's Reasons for Decision:

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

The particular focus of the question concerned whether the sentence should be read as if the word "not" were to be inserted between the words "do accept".

After some discussion, and with the parties' consent, we proceeded to hear Ms Strugnell's submissions. We did so on the prima facie understanding of all concerned that the particular sentence should be construed as containing the word "not" in the relevant place. The effect of that approach, in procedural terms, was that we did not on this occasion require Ms Strugnell to put submissions in relation to Appeal Ground No. 2.

After Ms Strugnell concluded her submissions, we entertained further discussion concerning the meaning and intention of the President's decision regarding the relevant finding. As the result of that process, we are satisfied that we should grant Ms Strugnell's subsequent procedural application, which Mr Willingham did not oppose, to refer the matter back to the President for clarification.

Accordingly, pursuant to Section 71(13)(c) of the Act, we refer the relevant file2 back to the President with the direction that he take such further action as he may deem necessary to deal with the subject-matter of his decision by clarifying whether the paragraph quoted above, as written, truly reflects the intention of his finding or that it misrepresents his intention because of some error or errors of omission.

For the above reasons we adjourn the hearing of this matter sine die.

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
Hobart

1 T7589 & T7629 of 1998
2 T7589 of 1998.