1998
1998 Decisions
T8130 - Commissioner P A Imlach - 15 December 1998
s29 industrial dispute - Australian Mines and Metals Association (Incorporated) on behalf of Tasmanian Electro Metallurgical Company Pty Ltd v Construction, Forestry, Mining and Energy Union, Tasmanian Branch - industrial action - superannuation - arbitrated - recommendation made
T8030 - Commissioner P.A. Imlach - 30 October 1998
s23 award variation - Australian Mines and Metals Association (Incorporated) - TEMCO Enterprise Award - salaries - allowances - operative from date of decision - application granted - order attached
Transcript
T7997 - Commissioner P A Imlach - 14 December 1998
s29 industrial dispute - Australian Mines and Metals Association (Incorporated) v The Australian Workers' Union, Tasmania Branch, the Construction, Forestry, Mining and Energy Union, Tasmanian Branch, the Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Transport Workers' Union of Australia, Tasmanian Branch - TEMCO Workplace Agreement 1996 - threatened industrial action - performance payments - arbitrated
T7986 - Deputy President J G King - 5 November 1998
s29 industrial dispute - Linda Avery v Classic Foods Pty Ltd - termination of her employment - claiming redundancy payment - incorrect payment of leave loading - redundancy claim dismissed - order issued in relation to annual leave loading
T7947 - Commissioner P.A. Imlach - 2 October 1998
s23 award variation - Shop, Distributive and Allied Employees Association-Tasmanian Branch - Hairdressers Award - Clause 8 - $14.00 Safety Net Increase - approved - operative ffpp 2 October 1998 ($10pw) and operative ffpp 14 October 1998 ($4pw and Clause 11 - Certificate Allowance increase)
Transcript
T7941 - Deputy President J G King - 12 October 1998
s29 industrial dispute - Rick Andrew Allie v Island Block and Paving - termination of employment - alleged unfair dismissal - application dismissed
T7897 - Commissioner P.A. Imlach - 29 October 1998
s29 industrial dispute - Albertus Letter v Pioneer Building Products Pty Ltd trading as Nubrik - industrial dispute - termination of employment - extension of time - not granted - application dismissed
T7892 - Deputy President J G King - 7 December 1998
s29 industrial dispute - David John Potter v Kelma Pty Ltd trading as Jackson Ford - termination of employment - alleged unfair dismissal - application dismissed
T7891 - Commissioner R J Watling - 17 August 1998
s23 award variation - Tasmanian Chamber of Commerce and Industry Limited - National Training Wage (Tasmanian Private Sector) Award - Schedule A - operative ffpp 17 August 1998 - consent matter - application granted
Transcript
T7869 - Commissioner R J Watling - 9 September 1998
s23 award variation - The Australasian Meat Industry Employees Union, Tasmanian Branch - Meat Retailing Award - Award variation - wage rates - 3rd Minimum Rate Adjustment - operative ffpp 9 September 1998 - consent matter - application granted
Transcript
T7858 - President F D Westwood - 14 August 1998
s23 award variation - Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union - Shipbuilders Award - sixth minimum rates adjustment for non-trade classifications - order issued - operative ffpp 1.9.98
Transcript
T7849 - Deputy President B R Johnson - 11 August 1998
s75 records of employment - Chief Executive, Workplace Standards Authority v Mr R P McMaster - employer failed to comply with section 75(5) notice to produce employment records - section 75(7E) Order sought on employer - Order issued
T7803 - Commissioner R.J. Watling - 4 August 1998
s23 award variation - Australian Municipal, Administrative, Clerical and Services Union - Community Services Award - First Aid - On Call and Recall - Sleepover - consent matter - application granted - award varied - operative ffpp 14 July 1998
Transcript
T7802 - Commissioner P A Imlach - 5 October 1998
s29 industrial dispute - Chief Executive of the Workplace Standards Authority v ACN 009 581 364 Proprietary Limited, trading as the Fee and Me Restaurant of Launceston - alleged breach of the Restaurant Keepers Award - Order issued
T7772 and T7773 - Commissioner P A Imlach - 1 December 1998
s29 industrial dispute - Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch (T7772 of 1998) (T7773 of 1998) and Rans Management Group Pty Ltd trading as Tattersall's Hobart Aquatic Centre - matters joined - alleged breach of the Health and Fitness Centres Award - ordinary rate of pay - arbitrated
T7771 - Deputy President J G King - 3 December 1998
s29 industrial dispute - Geoffrey Gerald Corriganv Kelair Pumps Australia Pty Ltd - termination of employment - seeking severance pay due to redundancy - compensation ordered
T7756 - Deputy President J G King - 23 September 1998
s29 industrial dispute - Desmond James LeFevre v Police Association of Tasmania - termination of employment - alleged unfair dismissal - application dismissed
T7740 - Commissioner R J Watling - 27 August 1998
s23 award variation - Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union - Fish, Aquaculture and Marine Products Award - Fish, Aquaculture and Marine Products Award - Clause 17 Holidays with Pay - Anzac Day falling on a weekend - matter to be dealt with as a special case in accordance with Principle 13
Transcript
T7739 - Commissioner R.J. Watling - 1 September 1998
s23 award variation - Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union - Surveyors (Private Industry) Award - State Wage Case July 1996 - third $8.00 safety net adjustment - consent matter - application granted - award varied - operative ffpp 1 September 1998
Transcript
T7725 - Deputy President J G King - 20 July 1998
s29 industrial dispute - Joanne Catherine Ross v All Bar One Gastrodome - re Termination of employment - Finding of dismissal - payment of notice period ordered
T7723 - Commissioner R.J. Watling - 8 July 1998
s23 award variation - The Australian Workers' Union, Tasmania Branch - Shearing Industry Award - wage rates - 2nd and 3rd $8 safety net adjustment - $10 safety net adjustment - 3rd and 4th Minimum Rate Adjustment for shedhands - conditions of employment - absence from work, leaving, discharge - allowances - payment of wages - consent matter - application granted - award varied - operative date ffpp 8 July 1998
Transcript
T7722 - Deputy President J G King - 26 August 1998
s29 industrial dispute - Matthew Kingston v Spotlight Stores Pty Ltd - termination of employment - alleged unfair dismissal - upheld on the basis of flawed process - no order issued - parties to consider options
T7661, T7662, T7805, T7826, T7852 and T7965 - Deputy President J G King - 23 November 1998
s29 industrial disputes - David John Tubb (T.7661 of 1998) Mark James Willmot (T7662 of 1998) Bronwyn Lee-Anne Brown (T7805 of 1998) Clare Rebecca Falconer (T7826 of 1998) Roger David Smith (T7852 of 1998) Leasa Tess Hincks (T7965 of 1998) v Raymond and Ann Fenech trading as Acqua Blu Restaurant - termination of employment - alleged unfair dismissal - non payment of wages - orders issued
T7660 - Deputy President J G King - 30 June 1998
s29 industrial dispute - Tony Gilbert Ross v Eumarrah Personnel - Termination of employment - application dismissed - file closed
T7643 - President F D Westwood - 28 July 1998
s29 industrial dispute - Maree Margaret Maina v Jane and Robert de Little, Mount Lord Apricots - alleged breach of the Farming and Fruitgrowing Award re payment of wages and piece work rates - finding, pursuant to section 50(3) of the Act, that employee entitled to be paid as a casual hourly employee - application to be relisted
T7621 - Deputy President B R Johnson - 18 September 1998
s29 industrial dispute - P J Longstaff v The Victorian Company Pty Ltd trading as Rose Cottage Medical Centre - termination of employment - dismissal unfair - reinstatement impractical - compensation ordered
T7605 - Commissioner R.J. Watling - 27 July 1998
s23 award variation - Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union - Surveyors (Private Industry) Award - third minimum rate adjustment - classification levels C5 to C11 - consent matter - application granted - award varied - operative ffpp 27 July 1998
Transcript - 5 May
Transcript - 14 July
T7589 and T7629 - President F D Westwood - 23 June 1998
s29 industrial dispute - The Community and Public Sector Union (State Public Services Federation Tasmania), Australian Education Union, Tasmanian Branch and Minister for Public Sector Administration - decision made by employing agency, Department of Education, Community and Cultural Development, affecting the terms of employment for Teacher Aides and Clerical Staff employed for school terms - payment sought for days in excess of school terms - 20 April and 4 September 1998 found to be part of school holidays - recommended Minister honour undertaking to engage employees for 40 or 42 weeks per annum as per past custom and practice - applications dismissed - circumstances of individuals to be considered if discrimination occurs
T7589 and T7629 - President F D Westwood - 17 April 1998
s29 industrial dispute - The Community and Public Sector Union (State Public Services Federation Tasmania), Australian Education Union, Tasmanian Branch and Minister for Public Sector Administration - decision made by employing agency, Department of Education, Community and Cultural Development, affecting the terms of employment for Teacher Aides and Clerical Staff employed for school terms - payment sought for days in excess of school terms - 20 April and 4 September 1998 found to be part of school holidays - recommended Minister honour undertaking to engage employees for 40 or 42 weeks per annum as per past custom and practice - applications dismissed - circumstances of individuals to be considered if discrimination occurs
T7578 - President F D Westwood - 9 October 1998
s23 award variation - The Community and Public Sector Union (State Public Services Federation Tasmania) - General Conditions of Employment Award - insertion of reference to Retirement Benefits Act 1993 and the Retirement Benefits Fund Board into Scope, Award Interest and Definitions clauses - agreed matter - application approved - consent order issued operative ffpp 2.6.98
Transcript - 18 March
Transcript - 1 April
Transcript - 2 June
T7574 and T7628 - Commissioner R.J. Watling - 3 April 1998
s23 award variation - Tasmanian Chamber of Commerce and Industry Limited (T7574 of 1998) Shop, Distributive and Allied Employees Association, Tasmanian Branch (T7628 of 1998) - Retail Pharmacy Award - wage rates - 3rd and final Minimum Rate Adjustment for Pharmacy Assistants, Grades 1 to 4 - consent matters - applications granted - award varied - operative date ffpp 3 April 1998
Transcript
T7535 - Commissioner R.J. Watling - 20 March 1998
s23 award variation - The Australasian Meat Industry Employees Union, Tasmanian Branch - Meat Retailing Award - Award variation - award interest - operative ffpp 18 February 1997 - wage rates - 2nd MRA - operative ffpp 20 March 1998 - consent matters - application granted
Transcript
T7519 - Deputy President J G King - 8 April 1998
s29 industrial dispute - The Australian Workers Union, Tasmania Branch v Betta Milk Co-op Society Ltd - termination of employment - application dismissed - file closed
T7518 - Deputy President J G King - 1 May 1998
s29 industrial dispute - Craig Maxwell Ritch v Lactos Pty Ltd - alleged unfair dismissal - application dismissed
T7514 - Commissioner R.J. Watling - 17 March 1998
s23 award variation - Textile, Clothing and Footwear Union of Australia, Tasmanian Branch - Clothing Industry Award - wage rates - $10.00 Safety Net Adjustment - consent matter application granted - award varied - operative date ffpp 25 April 1998
Transcript
T7507 and T7529 - Commissioner R.J. Watling - 12 March 1998
s23 award variation - Tasmanian Chamber of Commerce and Industry Limited (T7507 of 1998) Tasmanian Trades and Labor Council - (T7529 of 1998) - National Training Wage - Schedule A - amended to delete the Bakers Award, include the Baking Industry Award and the Optical Industries Award - applications granted - operative date for inclusion of the Baking Industry Award 25 November 1996 - operative date for inclusion of the Optical Industries Award ffpp 11 March 1998 - operative date for deletion of the Bakers Award 25 November 1996
Transcript
T7494 - President F.D. Westwood - 26 February 1998
s23 award variation - Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union - Shipbuilders Award - fifth minimum rates adjustment for non-trade classifications - order issued - operative ffpp 19.2.98
T7466 - Commissioner R.J. Watling - 4 March 1998
s23 award variation - Textile, Clothing and Footwear Union of Australia, Tasmanian Branch - Clothing Industry Award - wage rates - 4th and final Minimum Rate Adjustment - consent matter - application granted - award varied - operative date ffpp 25 February 1998
Transcript
T7452 - Commissioner R.J. Watling - 20 February 1998
s23 award variation - Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch - Baking Industry Award - wage rates - 4th and final Minimum Rate Adjustment - consent matter - application granted - award varied - operative date ffpp 20 February 1998
Transcript
T7445 - President F.D. Westwood - 26 October 1998
s23 making of award - Australian Municipal, Administrative, Clerical and Services Union - Business Services Award making of new award - Business Services Award - Title and Scope determined - operative 26.10.98
Transcript - 23 April
Transcript - 3 June
T7432 - Commissioner R J Watling - 6 February 1998
s29 industrial dispute -Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch v Minister for Public Sector Administration - Invermay Primary School - termination of employment - conciliation exhausted - Commission's role in conciliation process - application referred back to the President of the Commission with the recommendation it be reassigned for hearing and determination
T7427 - Commissioner P A Imlach - 18 June 1998
s29 industrial dispute - Adrian John Batten v Squirrel Holdings Pty Ltd trading as Cucina Simpatica - termination of employment - arbitrated - order issued
T7415 - Commissioner P.A. Imlach - 27 March 1998
s23 award variation - Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbers Award - superannuation - application approved - operative ffpp 18 Feb 98
Transcript - 3 February
Transcript - 18 February
T7408 - President F D Westwood - 24 August 1998
s29 industrial dispute - David Leon Manson v Indigenous Tasmanian Aboriginal Corporation - termination of employment - employer agreed dismissal unfair - no valid reason - racial discrimination claimed - no finding as dismissal acknowledged to be unfair - Nicolson v Heaven and Earth Gallery Pty Limited (1994) 1 IRCR 1994 applied - compensation determined
T7389 - President F D Westwood - 9 January 1998
s65 award interest - National Union of Workers, Tasmanian Branch - Butter and Cheesemakers Award - application granted - award varied - operative 9 January 1998 - forwarded to Acting Registrar to amend Certificate of Registration
T7382 - Commissioner P.A. Imlach - 11 March 1998
s23 award variation - The Community and Public Sector Union (State Public Services Federation Tasmania) - Sea Fisheries Award - Sea Victualling Allowance and Sea Going Allowance - approved - operative ffpp 11 Mar 98
Transcript
T7378 - President F D Westwood - 2 November 1998
s29 industrial dispute - Health Services Union of Australia, Tasmania No. 1 Branch v Salvation Army - termination of employment - finding that employee was unfairly dismissed - no valid reason - denied procedural fairness - reinstatement impractical - Nicolson v Heaven and Earth Gallery Pty Limited (1994) applied - compensation not based on years of service - order for compensation issued
T7343 and T7503 - Commissioner P.A. Imlach - 4 June 1998
s23 award variation - Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union - Metal and Engineering Industry Award - safety net adjustment - increase tool allowance - increase ship repairing allowance - op date ffpp 1 July 1998
Transcript - 4 February
Transcript - 20 February
Transcript - 13 March
T7339 - President F D Westwood - 20 August, 1998
s29 industrial dispute - Jennifer Marguerite Phillips v Murphy and McKay Funerals - termination of employment - valid reason for termination - insufficient notice of redundancy - order issued for payment of compensation in lieu of notice in full settlement of dispute
T7334 - President F D Westwood - 30 July 1998
s29 industrial dispute - Anthony Peter Johnston v Paul and Fiona Woodward - termination of employment - abandonment of employment - termination at the initiative of the employer - contract of employment for milking season - no enforceable probationary period - termination the result of failure to agree on new terms of employment - no valid reason for dismissal - social security payments ignored in consideration of mitigation of losses - Nicholson v. Heaven & Earth Gallery applied - compensation ordered $5,967.63 payable by 21 August 1998.
T7329 - President F.D. Westwood - 11 March 1998
s55 industrial agreement - National Union of Workers, Tasmanian Branch and King Island Dairies Pty Ltd - King Island Dairies Pty Ltd Enterprise Agreement 1997 - agreement approved - operative 12-3-98 - forwarded to Acting Registrar for registration
T7302 - Commissioner P A Imlach - 20 March 1998
s29 industrial dispute - Perry Dean Whelan v National Mine Management Pty Ltd - termination of employment - arbitrated - order issued
T7225 - Commissioner R.J. Watling - 28 July 1998
s23 award variation - The Tasmanian Independent Schools Teachers Association - Independent Schools (Teachers) Tasmania Award - restructure of award - wage rates - conditions of employment - consent matter - application granted - award varied - operative date 14 July 1998 - file closed
Transcript - 27 January
Transcript - 19 February
T7212 - Deputy President B R Johnson - 17 February 1998
s29 industrial dispute - T J Price v Roadways Pty Ltd - termination of employment - circumstances disclose presence of industrial dispute within meaning of Section 3(1) of Act - submissions to contrary dismissed - application for extension of time pursuant to Section 21(2)(m) granted
T7146 - Deputy President B R Johnson - 29 September 1998
s29 industrial dispute - M C Hoskinson v Tamar Valley Wines - termination of employment - valid reason for termination - denial of procedural fairness - s31(1B) of the Industrial Relations Act 1984 - Articles 4 and 7 of the ILO Convention - reinstatement impractical - compensation ordered
T7146 - Deputy President B R Johnson - 12 May 1998
s29 industrial dispute - M C Hoskinson v Tamar Valley Wines - termination of employment - jurisdiction matter - arbitrated - jurisdiction found - continuation
T7061 - Commissioner P.A. Imlach - 22 January 1998
s29 industrial dispute - Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union and Tasmanian Electro Metallurgical Company Pty Ltd - alleged non-compliance with Industrial Agreement - application dismissed- recommendation
T7049 - Commissioner P A Imlach - 2 February 1998
s29 industrial dispute - Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch v Robin Golley and Julie Golley trading as Swansea Cottages - breach of the Hotels, Resorts, Hospitality and Motels Award - arbitrated
T7014 and T7509 - Deputy President B.R. Johnson - 1 April 1998
s23 award variation - Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch - Veterinary Services Award - 2nd and 3rd $8.00 arbitrated safety net adjustments - consent matters - applications approved - operative date 2nd $8.00 ffpp 19 March 1998 - operative date 3rd $8.00 ffpp 19 September 1998
Transcript - 25 February
Transcript - 6 March
Transcript - 1 April
T6983 - Commissioner R J Watling - 9 September 1998
s29 industrial dispute - Andrew Martin Pearson v Gunns Limited trading as Gunns Mitre 10 - termination of employment - invalid - contrary to Articles 4 and 7 of the International Labour Conference, Convention 158 - reinstatement impractical - compensation awarded - Further Decision
T6945 - President F D Westwood - 10 September 1998
s29 industrial dispute - Philip Tony Patterson v Betta Milk Co-op, trading as Betta Milk - termination of employment - representation by a legal practitioner - failure to prosecute - abandonment of employment - unfair dismissal - compensation considered - Nicolson v Heaven and Earth Gallery Pty Limited (1994) 1 IRCR 1994 applied - six weeks pay ordered - payable by 1 October 1998
T6651 - Commissioner P A Imlach - 24 February 1998
s29 industrial dispute - Minister for Workplace Standards Authority v Omega Pacific Holdings Pty Ltd of Sandy Bay trading as Lipscombe Larder - alleged underpayment of wages - jurisdiction matter - arbitrated - jurisdiction found