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1999 Decisions

T8691 and T8692 - President FD Westwood - 23 November 1999
s23 award variation - The Community and Public Sector Union (State Public Services Federation Tasmania) - Community and Health Services (Public Sector) Award and General Conditions of Employment Award - kilometreage allowance - consent application - order issued - operative ffpp on or after 23.11.99
Transcript

T8612 - Commissioner P.A. Imlach - 8 October 1999
s23 award variation - Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union and The Community and Public Sector Union (State Public Services Federation Tasmania) - Printing Authority of Tasmania Agreement 1999 - agreement approved - operative ffpp 8 October 1999 - forwarded to Registrar for registration

T8611 - Commissioner P.A. Imlach - 4 October 1999
s23 award variation - The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union - Printing Authority of Tasmania Award - salaries - Printing Authority of Tasmania Industrial Agreement - Principle 3 - Enterprise Bargaining - Commission satisfied - award varied - operative ffpp 4 October 1999
Transcript

T8602 - Commissioner RJ Watling - 26 October 1999
s23 award variation - Tasmanian Chamber of Commerce and Industry Limited - National Training Wage (Tasmanian Private Sector) Award - extension to list of industries covered - application granted - operative ffpp 26 October 1999
Transcript

T8584 - President FD Westwood - 16 November 1999
s23 application for award - Australian Workers' Union, Tasmania Branch - Silviculture and Afforestation Award - making of new award - Silviculture and Afforestation Award - Title and Scope determined - operative 12.11.99
Transcript - 26 October
Transcript - 12 November

T8576, T8577, T8578 and T8579 - Deputy President B.R. Johnson - 4 October 1999
s23 award variation - The Community and Public Sector Union (State Public Services Federation Tasmania) - General Conditions of Employment Award (T8576 of 1999), Sea Fisheries Award (T8577 of 1999), Police Departmental Employees Award (T8578 of 1999), Community and Health Services (Public Sector) Award (T8579 of 1999) - expense related allowances - applications approved - operative date ffpp 4 October 1999
Transcript

T8550 - Commissioner R.J. Watling - 21 September 1999
s29 industrial dispute - Construction, Forestry, Mining and Energy Union,Tasmanian Branch and Colony 47 Inc - wage rates - Building and Construction Industry Award - application withdrawn - file closed

T8548 - Commissioner P A Imlach - 19 August 1999
s29 industrial dispute - Australian Mines and Metals Association (Incorporated) on behalf of Pasminco Australia Ltd, trading as Pasminco Hobart Smelter v Construction, Forestry, Mining and Energy Union,Tasmanian Branch, Communications, Electrical,Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Tasmanian Branch), The Australian Workers' Union, Tasmania Branch and Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union - workplace bans - enterprise agreement negotiations - order that bans be lifted

T8517 - Deputy President B R Johnson - 19 October 1999
s29 industrial dispute - Secretary, Department of Justice and Industrial Relations - alleged breach of Carriers Award by Ronald Gordon Bassett trading as Bassetts Transport - Finding of award breaches - Order issued for payment of wage rate arrears

T8470 - Commissioner R J Watling - 12 July 1999
s75 records of employment - Secretary, Department of Infrastructure, Energy and Resources, Workplace Standards Tasmania -employer failed to comply with section 75(5) notice to produce employment records - section 75(7E) Order sought on Renthill Pty Ltd ACN 060 578 770 - granted

T8459 - Commissioner P A Imlach - 23 August 1999
s29 industrial dispute - Steven Hedley Farquhar v Mowbray Golf Club Inc - termination of employment - compensation settlement

T8445 - Deputy President J.G. King - 30 June, 1999
s29 industrial dispute - Bill Tsakiris v Denmar Pty Ltd and Petvic Pty Ltd trading as Stokes and Hammond - industrial dispute - alleged unfair dismissal - unfair dismissal upheld - order issued

T8441 - Commissioner P.A. Imlach - 3 September 1999
s23 award variation - The Australian Workers' Union, Tasmania Branch - Pasminco Rosebery (Mining) Award - award variation - insertion of new clause - Work Done Through Contractors - outside third party - jurisdiction - application dismissed
Transcript

T8435 - Deputy President B.R. Johnson - 21 June 1999
s23 award variation - Health Services Union of Australia, Tasmania No. 1 Branch - Nursing Homes Award - insertion of carer's leave clause - consequential amendments - annual leave - hours - consent matter - application approved - operative ffpp 21 June 1999
Transcript

T8434 - Deputy President B.R. Johnson - 21 June 1999
s23 award variation - Health Services Union of Australia, Tasmania No. 1 Branch - Hospitals Award - insertion of carer's leave clause - consequential amendments - annual leave - hours - consent matter - application approved - operative ffpp 21 June 1999
Transcript

T8398 - President F D Westwood - 20 May 1999
s75 records of employment - Secretary, Department of Infrastructure, Energy and Resources, Workplace Standards Tasmania - employer failed to comply with section 75(5) notice to produce employment records - section 75(7E) Order sought on William Alexander Thursby, Julienne Antoinette Thursby, Keath Kennard William Thursby, and Ronald George Willis, trading as Hawks View Organic Farm - Order issued

T8377 and T8378 - Deputy President J G King - 29 June, 1999
s29 industrial dispute - Allan John Bye and Peter Arthur Edward Nibbs v Fencing Services, John Knill - alleged unfair dismissals - applications dismissed

T8375 - Commissioner P A Imlach - 5 November 1999
s29 industrial dispute -Secretary of the Department of Justice and Industrial Relations v Mark Andrew Prouse and Tracie Dawn Prouse, trading as Waratah Roadhouse - wage arrears - casual contract of employment - no records of employment - order for payment of arrears

T8373 - Commissioner P A Imlach - 20 May 1999
s29 industrial dispute - Paul John Rundle v Tasmanian Electro Metallurgical Company Pty Ltd - termination of employment - extension of time - arbitrated

T8336 - Deputy President J G King - 3 June, 1999
s29 industrial dispute - Nadina Maree Pycroft v Queen Victoria Home Inc- the termination of her employment - application dismissed - recommendation made

T8289, T8296, T8297, T8298, T8299, T8300 and T8301 - Commissioner P.A. Imlach - 24 May 1999
s23 award variation - Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch (T8289 of 1999) Hairdressers Award T8296 of 1999) Aerated Waters (T8297 of 1999) Hotels, Resorts, Hospitality and Motels Award (T8298 of 1999) Licensed Clubs Award (T8299 of 1999) Restaurant Keepers Award (T8300 of 1999) Fibreglass and Plastics Award (T8301 of 1999) Shipping Award - insertion of carers leave clause - consequential changes - consent matter - applications approved - operative ffpp 24.05.99
Transcript

T8282, T8283, T8284 and T8285 - Deputy President B.R. Johnson - 14 May 1999
s29 industrial dispute - Kirsten Kelly (T8282 of 1999) Gary O'Neil (T8283 of 1999) Andrew Ring (T8284 of 1999) Todd Hedge (T8285 of 1999) and Chubb Protective Services Pty Ltd - ordinary and customary turnover of labour - severance pay

T8279 and T8386 - Deputy President J.G. King - 25 May, 1999
s29 industrial dispute - Australian Municipal, Administrative, Clerical and Services Union ((T8279 of 1999) (T8386 of 1999) v Cynfar Pty Ltd trading as Customer Electronic Services - conditions of employment in respect of employee Megan Cooke and re alleged breach of the Clerical and Administrative Employees (Private Sector) Award in respect of the employment of Megan Cooke and alleged non payment of entitlements on termination of her employment - matter settled - consent order issued

T8258 - President F.D. Westwood - 8 April 1999
s23 award variation - Australian Workers' Union, Tasmania Branch - Shellfish Industry Award - variation of Holidays with Pay clause - to include Anzac Day when it falls on a weekend - application approved - consent order issued operative ffpp 7.4.99
Transcript

T8243, T8268, T8269, T8270, T8271 and T8273 - Commissioner P.A. Imlach - 27 April 1999
s29 industrial dispute - The Australian Workers' Union, Tasmania Branch (T8243 of 1999) (T8268 of 1999) (T8269 of 1999) (T8270 of 1999) (T8271 of 1999) (T8272 of 1999) (T8273 of 1999) and Hercules Resources Pty Ltd - termination of employment - union membership - arbitrated - payment ordered

T8242 - Deputy President J G King - 30 June, 1999
s29 industrial dispute - John Oram v OPSM Pty Ltd - alleged unfair dismissal - application dismissal

T8240 - Commissioner P A Imlach - 28 April 1999
s29 industrial dispute - Australian Mines and Metals Association (Incorporated) on behalf of Goldamere Pty Ltd trading as Australian Bulk Minerals v Australian Workers' Union, Tasmania Branch - conditions of employment - day workers - pay variations - recommendation made

T8219 - Commissioner P A Imlach - 12 October 1999
s29 industrial dispute - Philip Noel Turner v Property Marketing & Management ACN 069 552 718, trading as Raine & Horne Eastern Shore - alleged unfair termination of employment - Estate Agents Award - Auctioneers and Real Estate Act 1991 - commission payments - advertising costs - application dismissed

T8205 - Deputy President J G King - 29 June, 1999
s29 industrial dispute - Paul Frederick Gillam v Delta Hydraulics Pty Ltd - alleged unfair dismissal - unfair dismissal upheld - parties directed to confer on remedy - no agreement - order issued

T8205 - Deputy President J G King - 14 April, 1999
s29 industrial dispute - Paul Frederick Gillam v Delta Hydraulics Pty Ltd - alleged unfair dismissal - unfair dismissal upheld - parties directed to confer on remedy

T8203 - Commissioner R J Watling - 2 March 1999
s23 award variation - The Australasian Meat Industry Employees Union, Tasmanian Branch - Meat Retailing Award - Award variation -  wage rates - Structural Efficiency Principle - 4th and final Minimum Rate Adjustment - operative ffpp 3 March 1999 - consent matter - application granted
Transcript

T8202 - Commissioner R.J. Watling - 1 June 1999
s23 award variation - Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch - Child Care and Childrens Services Award - application amended - restructure of award - conditions of employment - consent matter - application granted - award varied - operative date ffpp 1 June 1999
Transcript - 10 March
Transcript - 23 March
Transcript - 3 May

T8196 - Commissioner P.A. Imlach - 11 February 1999
s23 award variation - Tasmanian Chamber of Commerce and Industry Limited - Barristers and Solicitors Award - clause 8 - wage rates - op date 3 Feb 99 - clause 13 - contract of employment - op date 14 Jul 98 - consent matters - application approved
Transcript

T8193 - Commissioner P.A. Imlach - 20 May 1999
s29 industrial dispute - Andrew Paul Bryan McCullagh v Evolution 2000 Real Estate Pty Ltd - industrial dispute - alleged breach of Estate Agents Award - arbitrated - application dismissed

T8154 - Commissioner PA Imlach - 3 February 1999
s23 award variation - Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch - Health and Fitness Centres Award - insertion of Carer's Leave Clause - consequent changes - operative 3 Feb 99

T8152, T8153, T8155, T8156 and T8159 - Commissioner R.J. Watling - 22 February 1999
s23 award variation - Australian Liquor, Hospitality and Miscellaneous Workers Union-Tasmanian Branch - Baking Industry Award, Child Care and Childrens Services Award, Laundry and Dry Cleaning Award, Miscellaneous Workers Award, Wholesale Plant Bakeries Award - insertion of Carer's Leave clause - consequential amendments - annual leave - hours - overtime - consent matters - applications approved - operative date ffpp 22 February 1999
Transcript

T8151, T8157 and T8158 - Deputy President B.R. Johnson - 16 February 1999
s23 award variation - Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch - Cleaning and Property Services Award, Security Industry Award, Veterinary Services Award - insertion of carer's leave clause - consequential amendments - annual leave - hours - overtime - part-time and casual employees - consent matter - application approved - operative date 4 February 1999
Transcript

T8150- Deputy President B R Johnson - 7 June 1999
s29 industrial dispute - P J Fellows v Lloyds North Pty Ltd - termination of employment - extension of time - severance pay - reasonable notice - order for payment of additional notice

T8122 - Commissioner P.A. Imlach - 7 January 1999
s23 award variation - Tasmanian Chamber of Commerce and Industry Limited - Goliath Cement Enterprise Award - title - scope - parties and persons bound - op date 01.07.98 - sick leave - op date ffpp 01.12.96 - consent matters - approved
Transcript

T8114 - Commissioner P A Imlach - 3 March 1999
s29 industrial dispute - Nicholas Lindsay Porter v Charcoal Chicken (Real Food Fast Pty Ltd) - termination of employment - arbitrated

T8108 - Commissioner P A Imlach - 19 March 1999
s29 industrial dispute - Secretary of the Department of Justice and Industrial Relations - alleged breach of Automotive Industries Award by C J Investments Pty Ltd (ACN 009 522 865) trading as A1 Transport Maintenance - arbitrated - order for payment made

T8099 - Deputy President J G King - 26 February 1999
s29 industrial dispute - Annette Bourke v North West Residential Support Services Inc - termination of employment, alleged unfair dismissal - unfair dismissal determined - lack of proper dismissal process - compensation awarded

T8098 - Commissioner P A Imlach - 29 June 1999
s29 industrial dispute - Ranjita Ram v Les Jackson of Charlie Brown's Hot Dog House - alleged breach of Restaurant Keepers Award - arbitrated - order made

T8096 and T8097 - Commissioner P A Imlach - 13 January 1999
s29 industrial dispute - Justin William Bartlett (T8096) and Rebecca Naomi Bishop (T8097) v Nico Holdings Pty Ltd trading as McDonalds Invermay - industrial dispute - matters joined - termination of employment - breach of Restaurant Keepers Award - arbitrated - applications dismissed

T8095 - Commissioner P A Imlach - 13 January 1999
s29 industrial dispute - Australian Mines and Metals Association (Incorporated) on behalf of Pasminco Australia Pty Ltd trading as Pasminco Hobart Smelter (Pasminco) v the Construction, Forestry, Mining and Energy Union, Tasmanian Branch - threatened industrial action - hours of work in leaching division - arbitrated

T8078 - Commissioner R.J. Watling - 30 August 1999
s23 award variation - Tasmanian Chamber of Commerce and Industry Limited - Wholesale Trades Award - superannuation - exemption from award fund - Section 31(1B) - Commission satisfied - award varied - operative ffpp 30 August 1999
Transcript

T8076 - Commissioner R.J. Watling - 19 January 1999
s23 award variation - Tasmanian Chamber of Commerce and Industry Limited - National Training Wage (Tasmanian Private Sector) Award - National Training Wage - extension to list of industries covered - application granted - operative ffpp 19 January 1999
Transcript

T8065 - Commissioner P A Imlach - 17 February 1999
s29 industrial dispute - The Community and Public Sector Union (State Public Services Federation Tasmania) v Minister administering the Tasmanian State Service Act 1984 - Department of Primary Industries, Water and Environment - alleged breach of Operational Employees Award - underpayment of wages - arbitrated

T8060 - Deputy President B R Johnson - 18 June 1999
s29 industrial dispute - Ronald Matthews v David Hamilton Peters, the Director of Racing, acting as the delegate of the Minister Administering the Tasmanian State Service Act 1984 - termination of employment - delegation of Ministerial powers to employ and to terminate employment - respondent did not have power to terminate employment - Minister's delegate ordered to comply with terms of contract of employment except for that part beyond power

T8045 - President F D Westwood - 19 January 1999
s65A award interest - Australian Municipal, Administrative, Clerical and Services Union - determination of award interest in Business Services Award - application approved - award varied accordingly - operative 19 January 1999

T8033 - Commissioner P A Imlach - 3 September 1999
s23 award variation - Australian Mines and Metals Association (Incorporated) on behalf of Pasminco Australia Limited trading as Pasminco Hobart Smelter - Electrolytic Zinc Award - State Wage Case 1997 - Award Review Process Principle 16 - Right of Entry Clause - obsolete and invalid - clause in lieu
Transcript

T8017 - Commissioner R.J. Watling - 15 December 1999
s23 award variation - Australian Municipal, Administrative, Clerical and Services Union - Community Services Award - application amended - Principle 16 - Award Review Process - Restructure, variation and consolidation - consent matter - application granted - award varied - operative date ffpp 14 December 1999
Transcript - 10 November 1998
Transcript - 14 December 1999

T7996 - Deputy President J.G. King - 9 April 1999
s29 industrial dispute - Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v Advanced Hearing Laboratories Pty Ltd - termination of an employee, Steven John Hooper - alleged unfair dismissal not sustained - application dismissed

T7994 - Deputy President J.G. King - 8 January 1999
s29 industrial dispute - Geoffrey Alan Jackson v Vynleaf Pty Ltd trading as Research Products - industrial dispute - re termination of employment - alleged unfair dismissal - application dismissed

T7986 - Deputy President J.G. King - 8 January 1999
s29 industrial dispute - Linda Avery v Classic Foods Pty Ltd - industrial dispute - re termination of employment - claiming redundancy payment - incorrect payment of leave loading - unfair dismissal - redundancy claim dismissed - leave loading claim dismissed - unfair dismissal upheld compensation awarded

T7985 - President F D Westwood - 18 October 1999
s29 industrial dispute - Barry Hansch v Transport Workers' Union of Australia - termination of employment - reinstatement sought - payment for accrued annual leave sought - valid reason for termination - severance pay ordered - annual leave determined by Union Rules - outside jurisdiction - recommendation made re annual leave

T7924 - President F D Westwood - 23 April 1999
s29 industrial dispute -Tricia Lette v Gateway Tasmania Limited - termination of employment - reinstatement or severance pay - extension of time - administrative shortcomings of agent not to prejudice the client - extension of time ordered - employee told her position was to be made redundant - no alternative employment offered by employer - applicant arranged alternative employment and resigned - determined applicant's position redundant - termination at the initiative of the employer - valid reason for termination - application for reinstatement dismissed - period of notice considered - severance pay determined - Articles 4, 11, and 12 of the ILO Convention taken into account - employer ordered under s31(1) to pay Ms Lette $3100.80

T7863 - President F D Westwood - 1 April 1999
s29 industrial dispute - Leeann Loosmore v Pitt & Sherry Holdings Pty Ltd - termination of employment - position found to be redundant - valid reason for termination - Full Bench decision in T125, Job Protection, Termination and Change case considered - ILO Convention on Termination of Employment at the Initiative of the Employer considered - payment in lieu of notice unreasonable - further 11 weeks' pay ordered

T7835 - President F D Westwood - 4 March 1999
s29 industrial dispute - Kylie Frances Brewer v Aquatas Pty Ltd - termination of employment - procedural fairness denied - no valid reason for termination - dismissal unfair - reinstatement considered impractical - compensation ordered - order issued

T7772 and T7773 - Commissioner P A Imlach - 10 May 1999
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 - payment ordered - Further Decision

T7742 - Deputy President J.G. King - 5 January 1999
s29 industrial dispute - Stephen Alan Freeman v Derwent Entertainment Centre Management Authority - industrial dispute - payment of severance pay on termination of employment - period of relevant service determined

T7614 - President F D Westwood - 22 January 1999
s29 industrial dispute - Robert Ackerley v Minister for Public Sector Administration, now the Minister Administering the Tasmanian State Service Act - termination of employment - termination of an employee from the Department of Education, Community and Cultural Development - termination valid - employment and termination notices unsatisfactory - notice period extended - order issued

T7515 and T7516 - Deputy President B.R. Johnson - 12 January 1999
s29 industrial dispute - Australian Liquor, Hospitality and Miscellaneous Workers Union-Tasmanian Branch
(T7515 of 1998) (T7516 of 1998) and P & O Services Pty Ltd - termination of employment - succession and transmission of business - employee or independent contractor - termination at initiative of employer - valid reason for termination - procedural fairness - breach of period of notice required by Security Industry Award - order that one employee be paid compensation in lieu of notice according to the award - order that one employee be paid compensation for unfair dismissal and compensation in lieu of notice according to the award

T7487 and T7488 - Deputy President B.R. Johnson - 5 March 1999
s29 industrial dispute - Andrew Francis Woolley (T7487 of 1998) The Australian Workers' Union, Tasmania Branch (T7488 of 1998) and Tassal Limited - termination of employment - procedural fairness - valid reason for termination - quality of investigation procedures - employer's decision to dismiss unfair - parties to present further submissions regarding remedy

T7268 - Commissioner P.A. Imlach - 30 November 1999
s23 award variation - Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union - Metal and Engineering Industry Award - apprentices and unapprenticed juniors - MRA operative ffpp 1 December 1999
Transcript

T7223 - Deputy President B.R. Johnson - 27 January 1999
s23 award variation - Tasmanian Chamber of Commerce and Industry Limited - Medical Practitioners (Private Sector) Award - exemption from award superannuation fund - application approved - operative date ffpp 15 September 1997
Transcript

T7212 - Deputy President B R Johnson - 23 March 1999
s29 industrial dispute - T J Price v Roadways Pty Ltd - termination of employment - valid reason for termination of employment - termination unfair because no opportunity given to employee to defend himself - reinstatement impractical - order made for compensation

T6816 - Deputy President B R Johnson - 30 March 1999
s29 industrial dispute - M McKenzie v Chubb Protective Services - termination of employment - no valid reason for termination - reinstatement impractical - hearing reconvened to settle minutes of proposed order - order made for compensation

T6668 - Deputy President B R Johnson - 10 August 1999
s29 industrial dispute - Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch - 12-hour shift agreements - application of Security Industry Award - duress - alleged breaches of Clauses 17 (Hours), 21 (Overtime) and 30 (Saturday and Sunday Work) of the Security Industry Award - finding that there was agreement to work 12-hour shifts - further finding that agreements not made in accordance with the Security Industry Award - order made directing employer to comply with terms and conditions of the Security Industry Award

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TR473 - Acting Registrar A.T. Mahoney - 12 November 1999
s68(1A) cancellation of registration - Tasmanian Chamber of Retailers - request by an organisation for cancellation of its registration - registration cancelled with effect from 12 November 1999

TR471 - Commissioner R J Watling - 27 September 1999
s63 award interest - Australian Retailers Association - Tasmania Division - interest granted - awards varied - operative September 1999 - forwarded to Acting Registrar to amend Certificate of Registration

TR470 - Registrar Q.H. James - 11 June 1999
s67(2) approval to alter rules - Tasmanian Correctional Officers Association