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2000 Decisions

T9337 - Commissioner P.A. Imlach - 21 December 2000
s23 award variation - Shop, Distributive and Allied Employees Association, Tasmanian Branch - Hairdressers Award - wage rates - $15 Safety Net Adjustment - variation approved - operative from ffpp 1 January 2001
Transcript

T9326 - Commissioner P.A. Imlach - 21 December 2000
s23 award variation - Australian Municipal, Administrative, Clerical and Services Union - Aerated Waters Award - third MRA - application granted - operative ffpp 12 January 2001
Transcript - 21 December
Transcript - 21 December

T9291 - Commissioner P.A Imlach - 12 December 2000
s23 award variation - Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union - Metal and Engineering Industry Award - apprentices and unapprenticed juniors - third Minimum Rates Adjustment - operative ffpp 5 December 2000
Transcript

T9280 - Deputy President R.J. Watling - 15 December 2000
s23 award variation - Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union - Automotive Industries Award - insertion of new clause - Carer's Leave - consent application - application granted - award varied - operative date ffpp 7 December 2000
Transcript

T9262 - Deputy President R.J. Watling - 22 November 2000
s23 award variation - Australian Municipal, Administrative, Clerical and Services Union - Community Services Award - Travelling and Motor Vehicle Expenses - consent application - application granted - award varied - operative date ffpp 21 November 2000
Transcript

T9242 - Commissioner T J Abey - 24 November 2000
s29 industrial dispute - Robert William Lumley v King Island Dairies Pty Ltd - alleged unfair termination - valid reason found - procedural fairness on dismissal incident - breach of procedural fairness re previous final warning - compensation ordered

T9236 - Deputy President R.J. Watling - 19 December 2000
s23 award variation - Australian Workers' Union, Tasmania Branch - Silviculture and Afforestation Award - Application and Operation of the Award, Part II Employment Relationship and Associated Matters, Part III Wage Rates and Related Matters, Part IV Allowances, Part V Hours of Work, Penalty Payments and Overtime, Part VI Leave and Holidays with Pay, Part VII Consultation and Dispute Resolution, Part VIII Occupational Health and Safety, Tools and Amenities, and Part IX Award Compliance and Union Related Matters - consent matter - application granted - operative date ffpp 1 January 2001
Transcript - 8 November
Transcript - 11 December
Transcript - 19 December

T9222 - Deputy President R.J. Watling - 12 December 2000
s23 award variation - Australian Municipal, Administrative, Clerical and Services Union - Barristers and Solicitors Award - classifications descriptors - wage rates - translation - deletion of definition "Adult Entry" - deletion Clause 4 - Estimating Service - deletion of Clause 5 - Progression - consent application - application granted - award varied - operative date 11 December 2000
Transcript - 8 November
Transcript - 11 December

T9218 - Deputy President R J Watling - 3 October 2000
s29 industrial dispute - Pasminco Rosebery Mine v The Australian Workers' Union, Tasmania Branch - mode terms and conditions of employment - threatened strike action - interim decision

T9212 - Commissioner T J Abey - 24 October 2000
s29 industrial dispute - The Community and Public Sector Union (State Public Services Federation Tasmania) v the Minister Administering the Tasmanian State Service Act 1984 - impending termination of Leanne Payne from the Legal Aid Commission of Tasmania - Tasmania - expiry of fixed term contract - no intervention of commission - file closed

T9209 - Commissioner P C Shelley - 11 December 2000
s29 industrial dispute - The Secretary, Department of Infrastructure, Energy and Resources - Samantha Clark v A.C.N 009 581 364 Pty Ltd (formerly Fee & Me Proprietary Limited A.C.N. 009 581 364) - alleged breach of Restaurant Keepers Award - arbitrated - order issued

T9197 - Commissioner T J Abey - 8 December 2000
s29 industrial dispute - The Construction, Forestry, Mining and Energy Union, Tasmanian Branch v Pasminco Australia Limited trading as Pasminco Hobart Smelter - termination of Gene Storey - procedural unfairness - reconvened for remedy - reinstatement impractical - compensation ordered - Final Decision

T9197 - Commissioner T J Abey - 17 November 2000
s29 industrial dispute - The Construction, Forestry, Mining and Energy Union, Tasmanian Branch v Pasminco Australia Limited trading as Pasminco Hobart Smelter - termination of Gene Storey - procedural unfairness - application to reopen made by EMA Legal, on behalf of Pasminco Australia Limited - Further Decision

T9197 - Commissioner T J Abey - 3 November 2000
s29 industrial dispute - The Construction, Forestry, Mining and Energy Union, Tasmanian Branch v Pasminco Australia Limited trading as Pasminco Hobart Smelter - termination of Gene Storey - procedural unfairness - to be reconvened for remedy

T9189 - Commissioner T J Abey - 19 October 2000
s65 award interest - The Australian Workers' Union, Tasmania Branch - Leather, Canvas and Sheet Plastic Fabrication Award - application approved - operative 18 October 2000

T9185 - Commissioner T J Abey - 7 December 2000
s29 industrial dispute - Paulina Martin v The People Source Ltd trading as North Western Group Training - termination of employment - valid reason but termination still unfair and unjust - entitled to appropriate remedy - compensation ordered

T9182 - Commissioner T J Abey - 30 November 2000
s29 industrial dispute - The Australian Workers' Union, Tasmania Branch v Henry Walker Eltin Contracting Pty Ltd - termination - no valid reason for termination - compensation ordered

T9174 - Commissioner P.C. Shelley - 6 October 2000
s29 industrial dispute - The Australian Workers' Union, Tasmania Branch and Macmahons Contracting - failure of company to provide employees with details concerning termination payments - payment of annual leave on termination of employment - redundancy payments - matter settled - hearing discontinued - application dismissed - file closed

T9164 - Commissioner T J Abey - 9 October 2000
s29 industrial dispute - Malcolm Geoffrey Sarich v Gateway Manufacturing Pty Ltd - severance pay - alleged breach of Metal and Engineering Industry Award - order issued

T9162 - Commissioner T J Abey - 22 September 2000
s29 industrial dispute - Pamela Joy Jones v Rod Mills Telemarketing Consultant - alleged unfair termination and alleged breach of the Clerical and Administrative Employees (Private Sector) Award - application refused - file closed

T9147 - Commissioner P C Shelley -1 November 2000
s29 industrial dispute - Kenneth James Farrell (also known as Ken Farrell) v Crown in Right of State of Tasmania through agency of Department of Premier and Cabinet Office of the Leader of the Opposition - termination of employment - within jurisdiction of Commission - extension of time granted - dismissal for valid reason - reasonable severance payment made - notice period reasonable - no procedural unfairness - dismissal fair - instrument of appointment - technical breach of formal notice requirement - order for payment of one weeks wages in settlement of industrial dispute

T9130 - Commissioner P.C. Shelley - 14 December 2000
s23 award variation - Australian Municipal, Administrative, Clerical and Services Union - Clerical and Administrative Employees (Private Sector) Award - restructure of award - consent matter - application granted - award varied - operative date ffpp 14 December 2000
Transcript

T9129 - Commissioner T J Abey - 7 November 2000
s23 award variation - Australian Liquor, Hospitality and Miscellaneous Workers Union-Tasmanian Branch - Security Industry Award - clause 7 - definitions - special constable - application granted - award varied - operative date 7 November 2000
Transcript

T9119 - Deputy President R.J. Watling - 22 August 2000
s23 award variation - Shop, Distributive and Allied Employees Association, Tasmanian Branch - Hairdressers Award - Safety Net Adjustment - State Wage Case July 1999 - wage rates - consent matter - increase in wage rates and certificate allowance - operative date ffpp 21 August 2000
Transcript

T9087 - Commissioner P.A. Imlach - 13 July 2000
s23 award variation - Australian Municipal, Administrative, Clerical and Services Union - Aerated Waters Award - second MRA - application granted - operative ffpp 12 July 2000
Transcript

T9057 - Commissioner P.C. Shelley - 22 December 2000
s23 award variation - The Australian Workers' Union, Tasmania Branch - Shellfish Industry Award - restructure of award - consent matter - application granted - award varied - operative date ffpp 22 December 2000
Transcript

T9055 - Commissioner P.C. Shelley - 19 October 2000
s23 award variation - The Australian Workers' Union, Tasmania Branch - Plant Nurseries Award - Principle 12 - award review process - variation and consolidation - consent matter - application granted - award varied - operative date ffpp 19 October 2000
Transcript

T9050 - Deputy President R.J. Watling - 12 July 2000
s23 award variation - Tasmanian Chamber of Commerce and Industry Limited - National Training Wage (Tasmanian Private Sector) Award - Schedule A - deletions and extension to list of industries covered - consent matter - application granted - award varied - operative ffpp 12 July 2000
Transcript

T9033 - Deputy President R.J. Watling - 22 August 2000
s23 award variation - Tasmanian Chamber of Commerce and Industry Limited - Catholic Education Award - Principle 12 - Award Review Process - Restructure, variation and consolidation - consent matter - application granted - award varied - operative date ffpp 8 August 2000
Transcript - 4 July
Transcript - 8 August

T9012 - Commissioner A W Pearce - 19 December 2000
s29 industrial dispute - Australian Liquor, Hospitality and Miscellaneous Workers Union v Classic Video Pty Ltd trading as Video City - termination of employment of an employee - part time and/or casual employee - dual contracts of employment considered - no valid reason for termination - order of reinstatement

T9004 - Commissioner P.C. Shelley - 19 October 2000
s23 award variation - The Australian Workers' Union, Tasmania Branch - Fish, Aquaculture and Marine Products Award - Principle 12 - award review process - variation and consolidation - consent matter - application granted - award varied - operative date ffpp 19 October 2000
Transcript

T8986, T8987, T8988, T8989, T8990 and T8991 - President F.D. Westwood - 25 May 2000
s23 award variation - The Community and Public Sector Union (State Public Services Federation Tasmania) (T8986 of 2000) Police Departmental Employees Award, (T8987 and T8988 of 2000) Community and Health Services (Public Sector) Award (T8989 of 2000) Sea Fisheries Award (T8990 and T8991 of 2000) General Conditions of Employment Award - public sector awards - expense related allowances and kilometreage allowances - variations approved - orders issued operative ffpp on or after 25.5.2000

T8972 - Commissioner P.A. Imlach - 31 May 2000
s23 award variation - Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union - Metal and Engineering Industry Award - apprentices and unapprenticed juniors - second MRA operative ffpp 1 June 2000
Transcript

T8945 - Commissioner P C Shelley - 23 June 2000
s29 industrial dispute - Aron Stewart Harvey v Westari Pty Ltd - termination of employment - alleged breach of the Fish, Aquaculture and Marine Products Award - termination unfair - failure to pay annual leave due - compensation ordered - payment of annual leave ordered

T8937 - Commissioner R.J. Watling - 1 June 2000
s23 award variation - Tasmanian Chamber of Commerce and Industry Limited - National Training Wage (Tasmanian Private Sector) Award - Schedule A - deletions, amendments and extension to list of industries covered - consent matter - application granted - award varied - operative date 30 May 2000
Transcript

T8934 - Commissioner P C Shelley - 6 June 2000
s29 industrial dispute - Health Services Union of Australia, Tasmania No.1 Branch v Our Place Inc. - Disability Service Providers Award - redundancy entitlements - quantum of severance pay - payment in lieu of notice - arbitrated - payment ordered

T8922 - Commissioner P C Shelley - 28 April 2000
s29 industrial dispute - Health Services Union of Australia, Tasmania No.1 Branch and Our Place Inc. - alleged failure to pay award entitlements - superannuation - long service leave - closure of business - consent order - payment ordered in respect of award entitlements

T8918, T8919 and T8920 - Commissioner P C Shelley - 7 July 2000
s29 industrial dispute - Construction, Forestry, Mining and Energy Union, Tasmanian Branch (T8918 of 2000) (T8919 of 2000) (T8920 of 2000) and Colony 47 Inc. - alleged breach Building and Construction Industry Award - Clause 8 Wage Rates and Allowance - Clause 19 Hours - nature of work performed - whether employees covered by award - whether employer bound by award - arbitrated - employees covered by Building and Construction Industry Award - employer bound by award - employees paid on basis of decision dated 17 May 2000 - no order necessary - Further Decision

T8918, T8919 and T8920 - Commissioner P.C. Shelley - 17 May 2000
s29 industrial dispute - Construction, Forestry, Mining and Energy Union, Tasmanian Branchand Colony 47 Inc. - alleged breach Building and Construction Industry Award - Clause 8 Wage Rates and allowances- Clause 19 Hours -nature of work performed - whether employees covered by award - whether employer bound by award - arbitrated - employees covered by Building and Construction Industry Award - employer bound by award

T8917 - Commissioner P C Shelley - 26 July 2000
s29 industrial dispute - Mathew James Alcorso v Rosevears Estate Wines Pty Ltd ACN 086 141 826 trading as Rosevears Estate - termination of employment - performance and punctuality - warning issued regarding performance - insufficient time to improve - no current warning regarding punctuality - denial of procedural fairness - dismissal unfair - compensation ordered

T8916 - President F D Westwood - 5 July 2000
s29 industrial dispute - Australian Liquor, Hospitality and Miscellaneous Workers Union-Tasmanian Branch v Classic Video Pty Ltd, trading as Video City - alleged breach of the Miscellaneous Workers Award - finding that when proceeding on annual leave employee should have been paid the amount of wages she would have received if she had been at work plus leave loading of 17.5 per cent - payment to be made to employee in settlement of dispute - order issued

T8911 - Commissioner P C Shelley - 11 April 2000
s29 industrial dispute - Aron Stewart Harvey v Westari Pty Ltd - termination of employment - alleged breach of the Fish, Aquaculture and Marine Products Award - employee not terminated but suspended without pay - payment of wages ordered

T8883 - Commissioner P.C. Shelley - 19 October 2000
s23 award variation - Association of Professional Engineers, Scientists and Managers, Australia - Professional Engineers and Scientists (Private Industry) Award - Principle 12 - award review process - variation and consolidation - consent matter - application granted - award varied - operative date ffpp 15 May 2000
Transcript - 10 April
Transcript - 15 May

T8867 and T8869 - Commissioner P C Shelley - 20 September 2000
s29 industrial dispute - Darren John Wyatt and Jackie Ann Wyatt v John Dunnicliff, Grassy Pastoral Co - alleged breach Farming and Fruit Growing Award - whether farmhands or managers - whether award applies - arbitrated - employees engaged as managers - nature of work performed - no relevant award classification - employees not subject to award - application dismissed

T8831 - Commissioner P A Imlach - 24 May 2000
s29 industrial dispute - Jan Crosswell v Tasmanian Country Club Casino Pty Limited - termination of employment - assault - organisation values - order issued - file closed

T8804 - President F D Westwood - 25 February 2000
s65A determination of award interest - Australian Workers' Union, Tasmania Branch - Silviculture and Afforestation Award - application approved - award varied accordingly - operative 25.2.2000

T8787 - President F.D. Westwood - 14 February 2000
s55 industrial agreement - Australian Municipal, Administrative, Clerical and Services Union and David W and Carolyn L Snare - The D.W. and C.L. Snare Launceston Airport Ground Handling Agreement 2000 - application approved - agreement operative for 3 years commencing 16.1.2000 - forwarded to Acting Registrar for registration

T8785 - Commissioner P.A. Imlach - 30 May 2000
s55 industrial agreement - Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union and Brambles Australia Ltd trading as Brambles Industrial Services - Brambles Industrial Services - Tasmanian Equipment Servicing Agreement 1999 - agreement approved - operative ffpp 1 July 1999 - forwarded to Acting Registrar for registration - Further Reasons for Decision

T8785 - Commissioner P.A. Imlach - 16 February 2000
s55 industrial agreement - Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union and Brambles Australia Ltd trading as Brambles Industrial Services - Brambles Industrial Services - Tasmanian Equipment Servicing Agreement 1999 - agreement not approved - application dismissed

T8770 - Commissioner P A Imlach - 21 March 2000
s29 industrial dispute - Jason Scott Lumley v Tasmanian Sandstone Pty Ltd - termination of employment - alleged breach of registered agreement

T8751 - Commissioner R.J. Watling - 23 February 2000
s23 award variation - The Association of Professional Engineers, Scientists and Managers, Australia - Retail Pharmacy Award - Carer's Leave - application amended - Principle 16 - Award Review Process - Restructure, variation and consolidation - consent matter - application granted - award varied
Transcript - 9 February
Transcript - 22 February

T8659 - Commissioner A W Pearce - 22 December 2000
s29 industrial dispute - Victor Valentine Tunevitsch v Tastek Pty Ltd - alleged unfair termination of employment - whether further proceedings necessary or desirable - file to remain open.

T8653 - Commissioner R.J. Watling - 10 February 2000
s29 industrial dispute - Construction, Forestry, Mining and Energy Union, Tasmanian Branch and Colony 47 Inc. - wage rates - Building and Construction Industry Award - discontinued - file closed

T8620, T8848 and T8858 - Commissioner P A Imlach - 19 April 2000
s29 industrial dispute - Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union (T8620 of 1999) and Tasmanian Electro Metallurgical Company Pty Ltd, The Australian Workers' Union, Tasmania Branch (T8858 of 2000) and Tasmanian Electro Metallurgical Company Pty Ltd, Australian Mines and Metals Association (Incorporated) on behalf of TEMCO (T8848 of 2000) and Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union - drug and alcohol policy - random testing - perceived bias - disqualification - jurisdiction - Workplace Health and Safety Act 1995 - employer and employee relationship - Temco workplace agreement 1999 - work practice change procedures - matters to proceed to full hearing

T8555 of 1999 - Deputy President B R Johnson - 18 February 2000
s29 industrial dispute - Mark Edward Rand v BOC Gases - alleged unfair termination of employment and denial of procedural fairness - valid reason for termination - no denial of procedural fairness - application dismissed

T8537 - Deputy President B.R. Johnson - 14 April 2000
s55 industrial agreement - United Milk Tasmania Limited and National Union of Workers, Tasmanian Branch and The Australian Workers' Union, Tasmania Branch - UMT Industrial Agreement 1999 - application approved - operative date ffpp 1 July 1999

T7906 - Deputy Preident R.J. Watling - 6 October 2000
s23 award variation - Australian Municipal, Administrative, Clerical and Services Union - Produce Award - application amended - consent matter - give effect to Principles 2 and 12 - award varied
Transcript - 4 November 1998
Transcript - 4 October 1999
Transcript - 13 October 1999
Transcript - 23 November 1999
Transcript - 9 December 1999
Transcript - 16 December 1999
Transcript - 5 September 2000
Transcript - 3 October 2000

T7903 - Commissioner P.A. Imlach - 21 June 2000
s23 award variation - Australian Municipal, Administrative, Clerical and Services Union - Barristers and Solicitors Award - Principle 16 - 1998 and 1999 State Wage Case - restructure of clerical classifications
Transcript - 5 November 1998
Transcript - 18 August 1999
Transcript - 16 September 1999
Transcript - 1 December 1999
Transcript - 22 December 1999
Transcript - 9 February 2000
Transcript - 8 March 2000
Transcript - 11 April 2000
Transcript - 14 June 2000

T7903 - Commissioner P.A. Imlach - 12 May 2000
s23 award variation - Australian Municipal, Administrative, Clerical and Services Union - Barristers and Solicitors Award - Principle 16 - 1998 and 1999 State Wage Case - restructure of clerical classifications adjourned - order issued - operative ffpp 11 April 2000

T7902 - Commissioner P.A. Imlach - 23 June 2000
s23 award variation - Australian Municipal, Administrative, Clerical and Services Union - Aerated Waters Award - Principles 2, 5 and 16 - award updated - application granted - operative ffpp 29 November 1999
Transcript - 11 November 1997
Transcript - 18 August 1999
Transcript - 16 September 1999
Transcript - 29 November 1999

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TR472 - Acting Registrar A.T. Mahoney - 19 January 2000
s63 registration - Transport Workers' Union of Australia (Victorian/Tasmanian Branch) - application by an organisation for registration as an organisation of employees- registration granted with effect from 19 January 2000