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Tasmanian Industrial Commission

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2002


2002 Decisions

T10610 - Commissioner T.J. Abey - 18 December 2002
s23 award variation - Australian Municipal, Administrative, Clerical and Services Union - Business Services Award - insert new Part X - Severance Pay and new Schedule 1 - Severance Payments - consent application - operative date 4 December 2002 - Order
Transcript

T10597 - Deputy President R.J. Watling - 24 December 2002
s23 award variation - Tasmanian Chamber of Commerce and Industry Limited - Metal and Engineering Industry Award - application amended - wage rates - restoration of calculation for junior clerical employees - application approved - award varied - operative date ffpp 1 August 2002 - Order and Correction Order
Transcript

T10592 - Commissioner T.J. Abey - 16 December 2002
s29 industrial dispute - Australian Municipal, Administrative, Clerical and Services Union and TasPage Pty Ltd (Administrator Appointed) - entitlements to severance pay in the event of redundancy - order issued requiring application to vary award

T10587 - Commissioner R.J. Watling - 24 December 2002
s55 industrial agreement - The Australasian Meat Industry Employees Union, Tasmanian Branch and Coles Supermarkets Australia Pty Ltd - Coles Supermarkets and AMIEU Tasmania Meat Agreement 2002 - agreement approved - forwarded to the Acting Registrar for registration - operative date ffpp 1.8.2002 - to 31 July 2005

T10584 - Commissioner T.J. Abey - 10 December 2002
s55 industrial agreement - The Australian Workers' Union, Tasmania Branch and Derwent Pipelines Pty Ltd - Derwent Pipelines Enterprise Agreement - application approved - operative date 1 December 2002 - 1 year

T10565 - Commissioner T.J. Abey - 23 December 2002
s55 industrial agreement - National Union of Workers, Tasmanian Branch and Bonlac Foods Limited - Bonlac Wynyard Warehouse Operations Industrial Agreement 2002 - application approved - operative date 1 July 2002

T10554, T10555, T10557, T10558, T10559 and T10561 - Deputy President R.J. Watling - 24 December 2002
s29 industrial dispute - Warwick John Smith (T10554 of 2002) Tanya Joy Trost (T10555 of 2002) Janice Dawn Dyson (T10557 of 2002) Sharon Maree Mullins (T10558 of 2002) Gaylene Margaret Colbeck (T10559 of 2002) Kerry Diane Lehman (T10561 of 2002) and Watts Communications Australia Pty Ltd (In Liquidation) - termination of employment - severance pay - granted

T10551 - Commissioner T.J. Abey - 10 December 2002
s55 industrial agreement - The Australian Workers' Union, Tasmania Branch and Ichigo Australia Pty Ltd - Ichigo (Superannuation) Industrial Agreement - application approved - operative date 1 December 2002 - 3 years

T10549 - Deputy President R.J. Watling - 28 November 2002
s55 industrial agreement - Minister Administering the State Service Act 2000; The Community and Public Sector Union; (State Public Services Federation Tasmania); Australian Education Union, Tasmanian Branch; Health Services Union of Australia, Tasmania No. 1 Branch - Tasmanian State Service National Training Wage Agreement 2002 - agreement approved - operative ffpp 28 November 2002 - for a period of one year - forwarded to Acting Registrar for registration

T10534 - Commissioner P.C. Shelley - 20 December 2002
s55 industrial agreement - The Community and Public Sector Union (State Public Services Federation Tasmania) and The Minister administering the Tasmanian State Service Act - Inland Fisheries Service (IFS) Industrial Agreement 2002 - agreement approved - operative 1 January 2003 for a period of three years - forwarded to the Acting Registrar for registration

T10532 - Deputy President R.J. Watling - 20 November 2002
s55 industrial agreement - Australian Municipal, Administrative, Clerical and Services Union; Tasmanian Council on AIDS, Hepatitis and Related Diseases Inc. - TasCahrd/ASU Inc Salary Packaging Agreement 2002-2005 - agreement approved - operative date ffpp 9 November 2002 - for a period of three year - forwarded to Acting Registrar for registration

T10528 and T10529 - Commissioner T J Abey - 22 November 2002
s23 award variation - The Community and Public Sector Union (State Public Services Federation Tasmania) - Community and Health Services (Public Sector) Award and the General Conditions of Employment Award - kilometreage allowance - application approved - operative date ffpp 22 November 2002
Transcript

T10521 - Commissioner T.J. Abey - 5 December 2002
s29 industrial dispute - Joanna Kent and Classic Video Pty Ltd - industrial dispute - alleged unfair termination of employment - consent order

T10520 and T10525 - Commissioner P.C. Shelley - 8 November 2002
s23 award variation - Tasmanian Chamber of Commerce and Industry Limited (T10525 of 2002) and The Association of Professional Engineers, Scientists and Managers, Australia (T10520 of 2002) - Professional Engineers and Scientists (Private Industry) Award - wage rates and conditions of employment - consent matters - application granted - award varied - operative dates ffpp 7 November 2002 and 1 January 2003
Transcript

T10516 - Commissioner T.J. Abey - 11 November 2002
s55 industrial agreement - Pasminco Rosebery Mine and The Australian Workers' Union, Tasmania Branch; Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union; Communications, Electrical, Electronic, Energy, Information, Postal,
Plumbing and Allied Services Union of Australia - Pasminco Rosebery Mine 2002 Agreement - application approved - operative date 2 August 2002 for two years

T10512 - Commissioner P.C. Shelley - 23 December 2002
s55 industrial agreement - Health Services Union of Australia, Tasmania No. 1 Branch and Devonfield Enterprises - Devonfield Enterprises Industrial Agreement - agreement approved - operative 20 December 2002 forwarded to the Acting Registrar for registration

T10511 - Commissioner P.C. Shelley - 23 December 2002
s55 industrial agreement - Health Services Union of Australia, Tasmania No. 1 Branch and North West Support Services Inc. - North West Support Services Inc. Industrial Agreement - agreement approved - operative 20 December 2002 - forwarded to the Acting Registrar for registration

T10510 - Commissioner T.J. Abey - 5 November 2002
s55 industrial agreement - Health Services Union of Australia, Tasmania No 1 Branch and Queen Victoria Home Inc. - Queen Victoria Home (Split Shifts) Industrial Agreement 2002 - application approved - operative date 23 September 2002 for 12 months

T10509 - Deputy President R.J. Watling - 11 November 2002
s55 industrial agreement - Tasmanian Catholic Education Employees' Association, Tasmanian Chamber of Commerce and Industry Limited - Tasmanian Catholic Education Salaries Allowances and Conditions Agreement Number 2 of 2002 - agreement approved - operative ffpp 1 November 2002 to 28 February 2003 - forwarded to Acting Registrar for registration

T10505 - Deputy President R.J. Watling - 15 November 2002
s29 industrial dispute - Australian Municipal Administrative, Clerical and Services Union v Watts Communications Australia Pty Ltd (In Liquidation) - Devonport Call Centre - termination of employment - severance pay - granted

T10494 - Commissioner T.J. Abey - 22 October 2002
s55 industrial agreement - Health Services Union of Australia, Tasmania No 1 Branch and Minister Administering the State Service Act 2000 - Tasmanian Ambulance Service 38 Hour Week Implementation Agreement 2002 - application approved - operative date 1 July 2001

T10489 - Deputy President R.J. Watling - 1 November 2002
s55 industrial agreement - Australian Education Union, Tasmanian Branch, Work & Training Ltd - Work & Training Ltd - AEU School Based Traineeship Agreement 2002 - agreement approved - operative 10 October 2002 - for a period of one year - forwarded to the Acting Registrar for registration

T10478 - Deputy President R.J. Watling - 28 October 2002
s23 award variation - Tasmanian Trades and Labor Council - Group Training Industry Award - application amended - scope - definitions - wages and conditions - union representation - consent matters - Order issued operative ffpp 28 October 2002
Transcript

T10470 - Commissioner T.J. Abey - 11 October 2002
s55 industrial agreement - Health Service Union of Australia, Tasmania No 1 Branch and Regional Imaging Limited - Regional Imaging Limited (Professional Staff Salaries and Conditions) Industrial Agreement 2002 - agreement approved - operative ffpp 1 April 2002 for a period of two years - forwarded to Acting Registrar for registration

T10465 - Deputy President R.J. Watling - 14 October 2002
s23 award variation - Australian Municipal, Administrative, Clerical and Services Union - Public Accountants award - 3rd minimum rate adjustment - consent matter - application granted - award varied - order issued operative ffpp 15 October 2002
Transcript

T10448 - Deputy President R.J. Watling - 14 October 2002
s55 industrial agreement - Health Services Union of Australia, Tasmania No. 1 Branch; MIA Tasmania Pty Ltd - MIA Tasmania Pty Ltd Industrial Agreement 2002 - agreement approved - operative ffpp 1 September 2002 - for a period of 3 years - forwarded to the Acting Registrar for registration

T10444 - Deputy President R.J. Watling - 10 October 2002
s23 award variation - Construction, Forestry, Mining and Energy Union, Tasmanian Branch - Mobile Crane Hire Award -  safety net adjustment and work related allowances arising out of the 2001 and 2002 State Wage Case decisions - consent matter - application granted - award varied - operative ffpp 8 October 2002
Transcript

T10443 - Deputy President R.J. Watling - 10 October 2002
s23 award variation - Construction, Forestry, Mining and Energy Union, Tasmanian Branch - Mobile Crane Hire Award - expense related allowances - consent matter - application granted - award varied - operative ffpp 8 October 2002
Transcript

T10423 - Deputy President R.J. Watling - 14 October 2002
s32 award rescission - Australian Municipal, Administrative, Clerical and Services Union - Softgoods Award - order issued - award rescinded 14 October 2002

T10417 - Commissioner T.J. Abey - 2 October 2002
s55 industrial agreement - The Australian Workers' Union, Tasmania Branch and Adelaide Mushrooms (Nominees) Pty Ltd trading as Tasmanian Mushrooms - Tasmanian Mushrooms Agreement 2002 - application approved - operative date ffpp 1 August 2002

T10412 - Deputy President R.J. Watling - 9 October 2002
s23 award variation - The Association of Professional Engineers, Scientists and Managers, Australia - Retail Pharmacy Award - award variation - occupational superannuation - consent matter - application granted - award varied - operative ffpp 8 October 2002 - Order issued
Transcript

T10411 - Commissioner P.C. Shelley - 8 October 2002
s23 award variation - The Association of Professional Engineers, Scientists and Managers, Australia - Professional Engineers and Scientists (Private Industry) Award - consent matter - application granted - award varied - Order issued - operative date ffpp 18 September 2002
Transcript

T10409 - Deputy President R.J Watling - 10 October 2002
s23 award variation - Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch - Ice Cream Makers Award - application amended - wage rates - 4th and final minimum rate adjustment - safety net adjustment - meal allowance - supported wage - consent matters - application granted - award varied - Order issued - operative ffpp 8 October 2002 - except Paragraph (ii) of Clause 8 - Wage Rates, subclause (a) - Adult Employees ffpp 1 March 2003
Transcript

T10403 and T10435 - Commissioner P.C. Shelley - 9 December 2002
s29 industrial dispute - Susan Natalie Houghton (T10403 of 2002) Steven Samuel Aitkin (T10435 of 2002) and ACN 090 721 190 in liquidation formerly known as Q's Couriers Pty Limited - severance pay in respect of termination of employment as a result of redundancy - order issued

T10393, T10413 and T10426 - Commissioner P.C. Shelley - 9 December 2002
s29 industrial dispute - James Harold Cassidy
(T10393 of 2002) Shane Anthony Burns (T10413 of 2002) Maxwell John Rowell (T10426 of 2002) and ACN 090 721 190 under liquidation formerly known as Q's Couriers Pty Limited - severance pay in respect of termination of employment as a result of redundancy - breach of award - order issued in respect of severance payment

T10391 - Deputy President R.J. Watling - 7 October 2002
s29 industrial dispute - Richard Errol Ford and ACN 061 556 821 (in liquidation) formerly Barrett Developments Pty Ltd trading as Tas Sealife - application amended - extension of time - severance pay - Order issued - file closed - Order by Consent

T10387 - Commissioner T.J. Abey - 3 October 2002
s29 industrial dispute - Pania Puarito Tata and Watts Communications Australia Pty Limited (In Liquidation) - severance pay in respect of termination of employment as a result of redundancy - order issued

T10385 - Commissioner P.C. Shelley - 5 November 2002
s55 industrial agreement - Health Services Union of Australia, Tasmania No. 1 Branch; Regional Imaging Limited - Regional Imaging Limited Tasmania (Administration and Operational Employees) Salaries and Conditions Industrial Agreement 2002 - agreement approved - operative 1 July 2002 until 9 January 2005 - forwarded to the Acting Registrar for registration

T10382 - Commissioner P.C. Shelley - 10 October 2002
s23 award variation - The Australian Workers' Union, Tasmania Branch - Shellfish Industry Award - vary wage rates - new Minimum Wage Clause - operative dates 1 October 2002 and 1 April 2003 - Order issued
Transcript

T10377 - Commissioner T.J. Abey - 22 October 2002
s29 industrial dispute - Construction, Forestry, Mining and Energy Union, Tasmanian Branch v Incat Tasmania Pty Ltdalleged breach of award and alleged illegal compulsory searches of employees' bags by the company - policy not found to be unlawful - policy found to be "reasonable" and does not constitute a unilateral variation to contract of employment - matter discontinued

T10375 - Commissioner T.J. Abey - 13 September 2002
s23 award variation - Police Association of Tasmania - Police Award - expense related allowances - application approved - award varied - operative date ffpp 13 September 2002
Transcript

T10373 and T10367 - Commissioner P.C. Shelley - 13 September 2002
s29 industrial dispute - Susan Allison Medcraft
(T10373 of 2002) Debbie Maree Neighbour (T10367 of 2002) and ACN 090721190 under liquidation formerly known as Q's Couriers Pty Limited - severance pay in respect of termination of employment as a result of redundancy - order issued

T10366 - Commissioner P.C. Shelley - 21 October 2002
s55 industrial agreement - The Australian Workers' Union, Tasmania Branch; Australian Municipal, Administrative, Clerical and Services Union; Betta Milk Co-operative Society Ltd - Betta Milk Co-Operative Society Ltd Industrial Agreement (2002-2005) - agreement approved - operative date 2 February 2002 - forwarded to the Acting Registrar for registration

T10363 - Commissioner T.J. Abey - 2 September 2002
s29 industrial dispute - Brian William McMahon and Southern Power and Motor Kontrol Systems Pty Ltd (In Liquidation) - severance pay in respect of termination of employment as a result of redundancy - order issued

T10361 - Commissioner T.J. Abey - 2 September 2002
s29 industrial dispute - Ann Maree Beveridge and Southern Power and Motor Kontrol Systems Pty Ltd (In Liquidation) - severance pay in respect of termination of employment as a result of redundancy - order issued

T10348 - Deputy President R.J. Watling - 19 August 2002
s23 award variation - Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch - Licensed Clubs Award - insertion new minimum wage clause as per State Wage Case July 2002 - amendment annual leave clause - consent matter - application granted - award varied - order issued - operative ffpp 19 August 2002
Transcript

T10347 - Deputy President R.J. Watling - 19 August 2002
s23 award variation - Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch - Restaurant Keepers Award - insertion new minimum wage clause as per State Wage Case July 2002 - amendment annual leave clause - consent matter - application granted - award varied - order issued - operative ffpp 19 August 2002
Transcript

T10346 - Deputy President R.J. Watling - 21 August 2002
s23 award variation - Australian Municipal, Administrative, Clerical and Services Union - Printers Award - application amended - insertion new minimum wage clause as per State Wage Case July 2002 - amendment annual leave clause - consent matter - application granted - award varied - operative ffpp 1 December 2002
Transcript

T10345 - Commissioner P.C. Shelley - 10 October 2002
s23 award variation - The Australian Workers' Union, Tasmania Branch - Fish, Aquaculture and Marine Products Award - vary wage rates - new Minimum Wage Clause - operative dates 1 October 2002 and 1 April 2003 - Order issued
Transcript

T10344 - Commissioner P.C. Shelley - 22 October 2002
s23 award variation - The Australian Workers' Union, Tasmania Branch - Clay and Mud Products Award - Wage Rates Clause 8 - new Minimum Wage Clause - order issued - operative dates for the wage increases are from the first full pay period on or after 1 October 2002 and from the first full pay period on or after 1 April 2003 - In the case of the new subclause (f) - Minimum Wage in Clause 8 - Wage Rates the operative date is to be from the first full pay period on or after 1 April 2003
Transcript

T10342, T10349, T10359, T10350 and T10351 - Commissioner P.C. Shelley - 13 September 2002
s29 industrial dispute - Roger Kevin Gregson (T10342 of 2002) Robert John Rybak (T10349 of 2002) Paul Lee Jones (T10359 of 2002) Brett Anthony Siggers (10350 of 2002) Steven Charles Cartwright (T10351 of 2002) and ACN 090721190 under liquidation formerly known as Q's Couriers Pty Limited - severance pay in respect of termination of employment as a result of redundancy - breach of award - order issued in respect of severance payment

T10340 - Deputy President R.J. Watling - 8 August 2002
s23 award variation - Tasmanian Chamber of Commerce and Industry Limited - Estate Agents Award - deletion obsolete classifications - insertion new classifications - wage rates - annual leave - consequential amendments - consent matter - application granted - award varied - Order issued - operative ffpp 1 August 2002
Transcript

T10339 - Commissioner T.J. Abey - 20 December 2002
s29 industrial dispute - Michael Hughes and Tasman Group Services Pty Ltd trading as Longford Meat Works - severance pay in respect to termination as a result of redundancy - effect of contract of employment on rights pursuant to s.29(1A) of the Act - continuous service - order made

T10339 - Commissioner T.J. Abey - 26 November 2002
s29 industrial dispute - Michael Hughes and Tasman Group Services Pty Ltd trading as Longford Meat Works - Application for Reopening

T10326 - Deputy President R.J. Watling - 2 August 2002
s23 award variation - Australian Liquor, Hospitality and Miscellaneous Workers Union-Tasmanian Branch - Hotels, Resorts, Hospitality and Motels Award - deletion of obsolete minimum wage clauses - insertion new minimum wage clause as per State Wage Case July 2002 - consent matter - application granted - award varied - operative ffpp 2 August 2002
Transcript

T10324 - Deputy President R.J. Watling - 2 August 2002
s23 award variation - Australian Municipal, Administrative, Clerical and Services Union - Aerated Waters Award - deletion of obsolete appendices - consent matter - application granted - award varied - order issued - operative ffpp 1 August 2002
Transcript

T10323 - Deputy President R. J. Watling - 9 August 2002
s23 award variation - The Australasian Meat Industry Employees Union, Tasmanian Branch - Meat Processing Industry Award - insertion new minimum wage clause as per State Wage Case July 2002 - amendment annual leave clause - consent matter - application granted - award varied - Order issued - operative ffpp 1 August 2002
Transcript

T10322 - Deputy President R. J. Watling - 8 August 2002
s23 award variation - The Australasian Meat Industry Employees Union, Tasmanian Branch - Meat Retailing Award - deletion of obsolete minimum wage clauses - insertion new minimum wage clause as per State Wage Case July 2002 - amendment annual leave clause - consent matter - application granted - award varied - operative ffpp 1 August 2002 - Order Issued
Transcript

T10296 - Commissioner P.C. Shelley - 22 October 2002
s23 award variation - Transport Workers' Union of Australia (Victorian/Tasmanian Branch) - Transport Workers General Award - inclusion of Safety Net Adjustments for 1997, 1998,1999, 2000 and 2001 - expansion of grades within award - consent matter - increases to be phased in - application granted - award varied - operative date of first increase ffpp 12 September 2002 - further orders to issue 1 February 2003, 1 February 2004 and 1 February 2005
Transcript

T10274 - Commissioner T.J. Abey - 25 July 2002
s29 industrial dispute - Phillip Bryant Watson and Incat Tasmania Pty Ltd - severance pay in respect to termination as a result of redundancy - application dismissed

T10271 - Commissioner T.J. Abey - 8 August 2002
s29 industrial dispute - Michael John Allen and Underground Asset Services Pty Ltd - alleged unfair termination of employment - consent order

T10270 - Deputy President R.J. Watling - 22 July 2002
s55 industrial agreement - Shop Distributive and Allied Employees Association, Tasmanian Branch and Coles Myer Logistics Pty Ltd - Coles Myer Logistics Launceston Distribution Centre - SDA Industrial Agreement 2002 - agreement approved - operative ffpp 7 April 2002 - to remain in force until 6 April 2005 - forwarded to the Acting Registrar for registration

T10261 - Deputy President R J Watling - 28 June 2002
s29 industrial dispute - Woolworths (Victoria) Pty Limited and The Australasian Meat Industry Employees Union, Tasmanian Branch; Shop, Distributive and Allied Employees Association, Tasmanian Branch; National Union of Workers, Tasmanian Branch; Australian Municipal, Administrative, Clerical and Services Union; Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch - mode, terms and conditions of employment - Order issued - matter settled - file closed

T10255 - Deputy President R J Watling - 2 July 2002
s23 award variation - Shop, Distributive and Allied Employees Association, Tasmanian Branch - Hairdressing, Health and Beauty Industry Award - application amended - wage rates - third Minimum Rate Adjustment - consent matter - application granted - award varied - operative date ffpp 1 July 2002
Transcript

T10249, T10251, T10252, T10253, T10254, T10259, T10266, T10269, T10272, T10291 and T10306 - Commissioner P.C. Shelley - 18 September 2002
s29 industrial disputes - Craig Anthony Wylie (T10249 of 2002) Robert Peter Moore (T10251 of 2002) Peter Maxwell Reeve (T10252 pf 2002) Debra Maree Neighbour (T10253 of 2002) Craig Alan Neighbour (T10254 of 2002) Scott Lyell Webster (T10259 of 2002) Leslie Paul Smith (T10266 of 2002) Max Cameron Quarrell (T10269 of 2002) Jayson Darrell Oates (T10272 of 2002) Dion Roy Price (T10291 of 2002) Andrew John Frazer (T10306 of 2002) and A.C.N. 090 721 190 (IN LIQUIDATION) A.CN. 090 721 190 Formerly Q's Couriers Pty Ltd - severance pay in respect of termination of employment as a result of redundancy - order issued - Further Correction Order

T10249, T10251, T10252, T10253, T10254, T10259, T10266 T10269, T10272, T10291 and T10306 - Commissioner P.C. Shelley - 14 August 2002
s29 industrial disputes - Craig Anthony Wylie (T10249 of 2002) Robert Peter Moore (T10251 of 2002) Peter Maxwell Reeve (T10252 of 2002) Debra Maree Neighbour (T10253 of 2002) Craig Alan Neighbour (T10254 of 2002) Scott Lyell Webster (T10259 of 2002) Leslie Paul Smith (T10266 of 2002) Max Cameron Quarrell (T10269 of 2002) Jayson Darrell Oates (T10272 of 2002) Dion Roy Price (T01291 of 2002) Andrew John Frazer (T10306 of 2002) and A.C.N. 009 721 190 (IN LIQUIDATION) A.C.N. 090 721 190 Formerly Q's Couriers Pty Ltd - Industrial dispute - severance pay in respect of termination of employment as a result of redundancy - order issued - Correction Order

T10249, T10251, T10252, T10253, T10254, T10259, T10266, T10269, T10272, T10291 and T10306 - Commissioner P.C. Shelley - 29 July 2002
s29 industrial disputes - Craig Anthony Wylie (T10249 of 2002) Robert Peter Moore (T10251 of 2002) Peter Maxwell Reeve (T10252 of 2002) Debra Maree Neighbour (T10253 of 2002) Craig Alan Neighbour (T10254 of 2002) Scott Lyell Webster (T10259 of 2002) Leslie Paul Smith (T10266 of 2002) Max Cameron Quarrell (T10269 of 2002) Jayson Darrell Oates (T10272 of 2002) Dion Roy Price (T01291 of 2002) Andrew John Frazer (T10306 of 2002) and A.C.N. 009 721 190 (IN LIQUIDATION) A.C.N. 090 721 190 Formerly Q's Couriers Pty Ltd - Industrial dispute - severance pay in respect of termination of employment as a result of redundancy - order issued

T10248 - Commissioner P.C. Shelley - 31 July 2002
s29 industrial dispute - Karen Anne Crawford and Khama Pty Ltd trading as La Bellisima Bellerive ACN 095 543 070 ACN 097 000 354 - breach of award - order issued

T10243 - Commissioner T.J. Abey - 6 September 2002
s29 industrial dispute - Jason Myles Luck and Mornington Garden Supplies and Woodyard - alleged unfair termination of employment - found no valid reason for termination - termination procedurally unfair - reinstatement or re-employment impracticable - compensation ordered - order issued

T10234 - Deputy President R.J. Watling - 13 August 2002
s29 industrial dispute - Brian John Leahy and Business Solutions (Tasmania) Pty Ltd trading as Bartercard Southern Tasmania - Record of Outcome of Application

T10228 - Commissioner T.J. Abey - 23 August 2002
s29 industrial dispute - Adrian Bruce Sharam and Blue Tier Logging Pty Ltd - alleged unfair termination of employment - abandonment of employment - application dismissed

T10226 - Commissioner P.C. Shelley - 14 November 2002
s29 industrial dispute - Sharyl Anne Featherstone v Sprinta Print Pty Ltd - termination of employment - non-payment of commission - alleged breach of award - whether termination at the initiative of the employer - application dismissed

T10199, T10200, T10201 and T10202 - Commissioner P C Shelley - 30 May 2002
s23 award variations - Community and Public Sector Union (State Public Services Federation Tasmania) - Community and Health Services (Public Sector) Award (T10200 of 2002), the General Conditions of Employment Award (T10199 of 2002), the Police Departmental Employees Award (T10202 of 2002) and the Sea Fisheries Award (T10201 of 2002) to adjust a range of expense related allowances in accordance with the Consumer Price Index - consent matter - applications granted - awards varied - orders T10199 T10200 T10201 T10202 issued operative date ffpp 30 May 2002
Transcript

T10196 - Commissioner T J Abey - 28 May 2002
s23 award variation - Tasmanian Chamber of Commerce and Industry Limited - Nursing Homes Award - voluntary salary packaging and sacrifice provisions - non-nursing staff - award updated - application granted - Order issued operative ffpp 1 January 2002
Transcript

T10184 - Commissioner T.J. Abey - 3 December 2002
s29 industrial dispute - Tanya Matthias and Mike Henderson - alleged unfair termination of employment and alleged non-payment of wages and accumulated annual leave - order issued

T10175 - Commissioner P.C. Shelley - 12 August 2002
s29 industrial dispute - Tony John Sutton and Joinery Products Sales Pty Ltd - Record of Outcome of Application

T10165 - Commissioner P.C. Shelley - 8 August 2002
s29 industrial dispute - Steven John Matthewson and The Minister Administering the Tasmanian State Service Act (Egg Marketing Board) - Directions

T10158 - Commissioner T.J. Abey - 24 July 2002
s29 industrial dispute - Steven Roy Bartlett and David Barnes Industries Pty Ltd - alleged breach of award or registered agreement - order issued

T10130 - Commissioner P A Imlach - 14 June 2002
s23 award variation - Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union - Metal and Engineering Industry Award - replacement subclause 5 Apprentices - insert new subclause 6 Phasing in of Wage Rates of Employees Without Relevant Work Experience - award updated - application granted - included in 1 of 2002 consolidation - operative ffpp 1 July 2002
Transcript - 5 April 2002
Transcript - 22 May 2002

T10095 - Commissioner P A Imlach - 14 June 2002
s23 award variation - Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union - Metal and Engineering Industry Award - insert new subclause (e) First Aid Allowance in Clause 30 - Special Rates - award updated - application granted - included in 1 of 2002 consolidation (Part IV - Allowances, Clause 4 - Special Rates (e)) - operative ffpp 1 July 2002
Transcript - 5 April 2002
Transcript - 22 May 2002

T10091 - Commissioner P A Imlach - 18 April 2002
s29 industrial dispute - Shop, Distributive and Allied Employees' Association, Tasmanian Branch v Walap Pty Ltd - Retail Trades Award - redundancy - severance pay - Order

T10088 - Commissioner P C Shelley - 22 April 2002
s29 industrial dispute - Australasian Meat Industry Employees Union, Tasmanian Branch v Blue Ribbon Meat Products Pty Ltd (in liquidation) - severance pay and payment in lieu of notice - whether still employed on particular date - whether notice period applied

T10082 - Commissioner P C Shelley - 28 March 2002
s23 award variation - The Association of Professional Engineers, Scientists and Managers, Australia - Architects Award - replacement of sub-clause (a) of Clause 1 - Salary Rates of Part III - Salaries and Related Matters - application granted - award varied - Order issued - operative from ffpp 12 April 2002
Transcript

T10080 - Commissioner T J Abey - 10 April 2002
s29 industrial dispute - Australian Liquor, Hospitality and Miscellaneous Workers Union, Tasmanian Branch v Minister Administering the State Service Act 2000 - employee of Department of Education - employment status - permanent employee or fixed term contract - State Service Act - award provisions - reduction in hours of work - application dismissed

T10075 - Commissioner P A Imlach - 15 March 2002
s23 award variation - Australian Municipal, Administrative, Clerical and Services Union - Public Accountants Award - 2nd MRA - award updated - application granted - Order issued operative ffpp 13 March 2002
Transcript

T10069 - Commissioner T.J. Abey - 18 October 2002
s29 industrial dispute - Geoff William Pregnall v Hobart Laundry - alleged unfair termination of employment - application lodged out of time - application dismissed

T10051 - Commissioner T J Abey - 5 April 2002
s23 award variation - Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch - Security Industry Award - Clause 7 - Definitions - Security Officer Level 2 - new subclause - x-ray monitoring and screening devices at airports - Order issued operative date 16 March 2002
Transcript

T10048 - Commissioner T.J. Abey - 1 May 2002
s29 industrial dispute - Shop, Distributive and Allied Employees Association, Tasmanian Branch v Coles Myer Logistics Pty Ltd - alleged unfair termination of employment - breach of OH&S procedures - provocation - work practices - summary dismissal disproportionate to gravity of offence - re-employment ordered

T10013 - Commissioner P A Imlach - 19 March 2002
s29 industrial dispute - Julie Margaret Richards v Masonic Club of Tasmania Inc (in Liquidation) - Licensed Clubs Award - termination of employment - severance pay - long service leave - order - Correction Order issued 22 March 2002

T10011 - Deputy President R J Watling - 5 March 2002
s29 industrial dispute - Graham Maitland Marshall v Minister Administering the State Service Act 2000 - no employer/employee relationship - no dispute within meaning of Act - application dismissed

T10001 - Commissioner P C Shelley - 28 June 2002
s29 industrial dispute - National Union of Workers, Tasmanian Branch v Northern Group Training Trading as NGT Tasmania - alleged breach of award - trainees - contract of training - whether industry award applies to work performed by employees of group training company - whether award extended by regulation - order issued

T9986 - Commissioner T J Abey - 27 June 2002
s29 industrial dispute - Andrew Scott Gunston v Commissioner of Police - Police Award - alleged unfair termination of employment - off duty behaviour - no valid reason for termination - re-employment ordered - accompanying statement issued

T9986 - Commissioner T J Abey - 10 May 2002
s29 industrial dispute - Andrew Scott Gunston v Commissioner of Police - Police Award - alleged unfair termination of employment - application for closed hearing - media coverage - public interest - application denied - Reasons for Preliminary Decision

T9979 - Commissioner P.A. Imlach - 25 January 2002
s55 industrial agreement - Printing Authority of Tasmania and Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union and The Community and Public Sector Union (State Public Services Federation) Tasmania - Printing Authority of Tasmania Industrial Agreement 2001 - agreement approved - operative ffpp commencing on or after 25/1/02 until 30/6/03 - forwarded to Acting Registrar for registration

T9957 - Commissioner P A Imlach - 25 January 2002
s23 award variation - Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union - Printing Authority of Tasmania Award - Clause 8 - Salaries - award updated - application granted - Order issued operative ffpp 1 July 2001
Transcript

T9943 - Commissioner T J Abey - 20 March 2002
s29 industrial dispute - Brett Malcolm Youd v Naracaa Pty Ltd - alleged unfair termination of employment - termination unfair - reinstatement or re-employment impracticable - compensation ordered - order issued - Correction Order issued 22 March 2002

T9940 and T9947 - Commissioner P A Imlach - 5 February 2002
s23 award variation - Shop, Distributive and Allied Employees' Association, Tasmanian Branch (T9940 of 2001) and the Hairdressing Federation of Tasmania (T9947) - Hairdressers Award - matters joined - SWC 2001 increases - second MRA - award renamed - Award Review Process - award updated - application granted - Order issued operative initially ffpp 1 January 2002
Transcript - 14 December 2001
Transcript - 20 December 2001
Transcript - 10 January 2002

T9928 - Commissioner P A Imlach - 8 February 2002
s29 industrial dispute - Pamela Joy Cowen v Malcolm Reece, trading as The Wine Glass Coffee Bar - Restaurant Keepers Award - breach of award - casual employee - pay cheque dishonoured - Order

T9919 - Commissioner P A Imlach - 15 February 2002
s29 industrial dispute - Tammy Louise Smith v Malcolm Reece trading as The Wine Glass Coffee Bar - Restaurant Keepers Award - alleged breach of award - hourly rate - casual employee - pay cheques dishonoured - Order

T9918 - Commissioner P.A. Imlach - 22 February 2002
s29 industrial dispute - Laureen Joy Bennett and The Wine Glass Coffee Bar Mr Malcolm Reece Restaurant Keepers Award - alleged unfair termination of employment - alleged breach of award - trainee - casual employee - pay cheque dishonoured - Order

T9906 - Commissioner T.J. Abey - 19 July 2002
s29 industrial dispute - Scott Andrew Elkin and Barminco Pty Ltd - entitlement to long service leave - deemed transmission of business - pro rata entitlement on termination by transmittor - previous service to be recognised - proceedings discontinued

T9894 - Commissioner P A Imlach - 19 March 2002
s29 industrial dispute - Todd Murray Howlett v Masonic Club of Tasmania Inc (in Liquidation) - Licensed Clubs Award - termination of employment - severance pay - long service leave - order - Correction Order issued 22 March 2002

T9889 - Commissioner T J Abey - 11 June 2002
s29 industrial dispute - Australian Liquor, Hospitality and Miscellaneous Workers Union Tasmanian Branch v Kenchi Gar Ryu Pty Ltd, trading as Daytona Security - Security Industry Award - agreement not registered - alleged breach of award - superannuation - order

T9859 - Commissioner T J Abey - 3 January 2002
s29 industrial dispute - Jason Mark Carr v Tasmanian Alkaloids Pty Ltd - alleged unfair termination of employment - severance pay - pro rata long service leave - application held to be in time - not a fixed term contract - termination at the initiative of the employer - no valid reason for termination - re-employment recommended or compensation negotiated - open to applicant to request order - long service leave application rejected

T9840 - Commissioner T J Abey - 18 February 2002
s29 industrial dispute - Christopher Colin Campbell v Wynyard Ex-Servicemen and Citizen's Club Inc. - alleged unfair termination of employment - procedural fairness - found afforded procedural fairness - application dismissed - file closed

T9815 - Commissioner T.J. Abey - 22 October 2002
s29 industrial dispute - Minister Administering the State Service Act 2000 v Health Services Union of Australia, Tasmania No 1 Branch - implementation of bans against the Tasmanian Ambulance Service - proceedings discontinued

T9714 - Commissioner P A Imlach - 27 June 2002
s23 award variation - The Australian Workers' Union, Tasmania Branch - Civil Construction and Maintenance Award (previously known as the Roadmakers Award) - wage rates - State Wage Case July 1999 (T8413 and T8483 of 1999) - wage rates - State Wage Case July 2000 (T9062 of 2000) - wage rates - State Wage Case July 2001 (T9605 of 2001) - Safety Net Review - wages - allowances - approved - order issued
Transcript

T9691 - Commissioner P A Imlach - 25 January 2002
s29 industrial dispute - Douglas Stanley Wright v Rexel Australia Ltd ACN 000 437 758 - alleged unfair termination of employment - severance payment as a result of redundancy - car allowance - car allowance not construed as wages - car allowance not for private use - application dismissed

T9670 - Commissioner P A Imlach - 8 March 2002
s29 industrial dispute - Shellee Louise Ellis v Eliza Purton Home for the Aged Inc. - Nursing Homes Award - alleged unfair termination of employment - extended care assistant - alleged assault - delay in reporting incident - no incident report - application dismissed

T9626 - Commissioner P.A. Imlach - 21 June 2002
s23 award variation - Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union - Metal and Engineering Industry Award - Metal and Engineering Industry Award - Clause 12 (d)(iv) - casual loading increased from 20% to 25% - nexus between Federal and State awards - award updated - application granted - included in 1 of 2002 (Part II - Employment Relationship and Associated Matters, Clause 1 - Contract of Employment (d)(v)) - operative ffpp 1 July 2002
Transcript - 19 July 2001
Transcript - 13 December 2001
Transcript - 24 May 2002

T9601 - Commissioner P C Shelley - 14 March 2002
s29 industrial dispute - Australian Workers' Union, Tasmania Branch v Goldfields Ltd - alleged unfair termination of employment - failure to issue warnings - discipline policy - conduct of investigation - procedural fairness - opportunity to be assisted - order issued

T9556 - Commissioner P A Imlach - 25 March 2002
s29 industrial dispute - Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union v Copper Mines of Tasmania - Clerical and Administrative Employees (Private Sector) Award - termination of employment - redundancy - application dismissed

T9551 - Commissioner T J Abey - 12 March 2002
s29 industrial dispute - Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v Incat Tasmania Pty Ltd - redundancies, short working time and other related issues - notice - severance payments - order issued

T9520, T9531, T9532, T9533, T9521 and T10465 - Commissioner T.J. Abey - 30 September 2002
s23 award variation
s65A award interest
s32(7A) award rescission
Construction, Forestry, Mining and Energy Union, Tasmanian Branch (T9520 of 2001)(T9531 of 2001)(T9532 of 2001)(T9533 of 2001)Building Trades Award - (T9521 of 2001) Building and Construction Industry Award - (T10465 of 2002) Civil Construction and Maintenance Award -
Award variation - structural efficiency principle - award review process - demarcation - separate awards created for on-site and off-site work - operative date 1/10/2002
Award interest - Building Trades Award - deletion - Transport Workers' Union of Australia (Victorian/Tasmanian Branch) - Retail Traders Association of Tasmania - operative date 1/10/2002
Rescission of award - Civil Construction and Maintenance Award - order issued - operative date 1/10/2002 - further decision
Transcript - 28 June
Transcript - 17 September
Transcript - 18 September

T9520, T9531, T9532, T9533 and T9521 - Commissioner T.J. Abey - 20 August 2002
s23 award variation
s65A award interest
Construction, Forestry, Mining and Energy Union, Tasmanian Branch (T9520 of 2001)(T9531 of 2001)(T9532 of 2001)(T9533 of 2001) - Building Trades Award (T9521 of 2001) Building and Construction Industry Award - structural efficiency principle - award review process - demarcation - separate awards created for on-site and off-site work - operative date ffpp 1/10/2002

T9218 - Commissioner R.J. Watling - 16 April 2002
s29 industrial dispute - Pasminco Rosebery Mine and The Australian Workers' Union, Tasmania Branch - Record of Outcome of Application

T8934 - Commissioner P.C. Shelley - 24 December 2002
s29 industrial dispute - Health Services Union of Australia, Tasmania No.1 Branch and Our Place Inc. - redundancy entitlements - further decision following hearing of new evidence - file closed

T8846 - Commissioner P.C. Shelley - 22 July 2002
s65A award interest - Transport Workers' Union of Australia (Victorian/Tasmanian Branch) - Aerated Waters Award, Australian Cement Holdings Enterprise Award, Automotive Industries Award, Building Trades Award, Butter and Cheesemakers Award, Carriers Award, Civil Construction and Maintenance Award, Concrete Products Award, Dairy Processing Award, Farming and Fruit Growing Award, Fuel Merchants Award, Furnishing Trades Award, Horticulturists Award, Laundry and Dry Cleaning Award, Meat Retailing Award, Pasminco Hobart Smelter Enterprise Award, Pasminco Rosebery (Mining) Award, Photographic Industry Award, Produce Award, Public Vehicles Award, Retail Trades Award, Rubber Trades Award, Temco Enterprise Award, Timber Merchants Award, Wholesale Trades Award, Wireworking Award, Transport Workers General Award and correction order - determination - interest granted for awards as listed above - awards varied - operative 22 July 2002 - forwarded to A/Registrar

T5998, T6275, T6278, T7268 and T10163 - Commissioner P.A. Imlach - 24 June 2002
s23 award variation - Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union - Metal and Engineering Industry Award - award review - Federal Metal Industry Award 1984 considered - adult apprentices - termination of employment - wage rates for unapprenticed juniors - supplementary payments to apprentices - applications joined with T7268 of 1997 - classification descriptors - inclusion of 'or equivalent' - award updated - application granted - consolidated award - order issued - operative ffpp 1 July 2002
Transcript - 8 February 1996
Transcript - 17 February 1996
Transcript - 15 August 1996
Transcript - 6 November 1996
Transcript - 31 October 1997
Transcript - 4 February 1998
Transcript - 20 February 1998
Transcript - 13 March 1998
Transcript - 17 June 1999
Transcript - 6 October 1999
Transcript - 11 November 1999
Transcript - 26 November 1999
Transcript - 14 February 2000
Transcript - 6 December 2000
Transcript - 13 December 2001
Transcript - 21 December 2001
Transcript - 24 May 2002

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TE1273 - Commissioner T.J. Abey - 23 December 2002
s61J - enterprise agreement - Cogo Help Pty Ltd and Persons employed as Part-Time Employees - The Cogo Help (Part-time Employees) Enterprise Agreement 2002 - agreement approved - operative 19 December 2002 - 5 years

TE1271 - Commissioner T.J. Abey - 10 December 2002
s61J enterprise agreement - Faxmeyer Holdings Pty Ltd ATF High Street Trust trading as Just Cuts and Persons employed as Hairdressers - Just Cuts Enterprise Agreement 2002 - agreement approved - operative 10 December 2002 - 3 years

TE1270 - Deputy President R.J. Watling - 17 December 2002
s61J enterprise agreement - Lifeline Hobart Inc. and Persons employed as Full-time and Part-time employees whose relevant award is the Community Services Award - Lifeline Hobart Inc Remuneration Packaging Agreement 2002 (Community Service Award Employees) - agreement approved - operative from 17 December 2002 - for a period of 1 year

TE1269 - Deputy President R.J. Watling - 17 December 2002
s61J enterprise agreement - Lifeline Hobart Inc. and Persons employed as Full-time and Part-time Business Centre Employees - Lifeline Hobart Inc Remuneration Packaging Agreement 2002 (Business Centre) - agreement approved - operative from 17 December 2002 - for a period of 1 year

TE1268 - Commissioner T.J. Abey - 10 December 2002
s61J enterprise agreement - Clinhop Investments Pty Ltd trading as Hopkins Street Clinic and Persons employed as Full-Time, Part-Time and Casual Employees - The Clinhop Investments Enterprise Agreement 2002 - agreement approved - operative 28 September 2002 - 3 years

TE1267 - Deputy President R.J. Watling - 23 December 2002
s61J - enterprise agreement - Paul A Stone as trustee for the Paul A Stone Family Trust and Persons employed for tree felling and gathering
including the operation of vehicles and machinery - Paul A Stone Enterprise Agreement 2002 - agreement approved - operative ffpp 20 December 2002 - for a period of 5 years

TE1265 - Commissioner T.J. Abey - 2 December 2002
s61J - enterprise agreement - M & D Nikitaras trading as Hill Street Grocer and Persons employed as Permanent Full-Time, Permanent Part-Time, Casuals, Juniors, Trainees and Managers - Hill Street Grocer Enterprise Agreement 2002 - agreement approved - operative ffpp 29/11/2002 - 5 years

TE1264 - Commissioner T.J. Abey - 2 December 2002
s61J - enterprise agreement - Lenah Valley Store Pty Ltd trading as Lenah Valley Store and Persons employed as Permanent Full-Time, Permanent Part-Time, Casuals, Juniors, Trainees and Managers - Lenah Valley Store Enterprise Agreement 2002 - agreement approved - operative ffpp 29/11/2002 - 5 years

TE1263 - Deputy President R.J. Watling - 2 December 2002
s61J enterprise agreement - St. Vincent's Hospital (Launceston) Ltd, ABN 22 055 226 410, trading as St. Vincent's Hospital Launceston and Darren Stephens and/or any other person appointed to the position of Information Systems Manager - St. Vincent's Hospital Launceston Information Systems Enterprise Agreement 2002 - agreement approved - operative 3 October 2002 - to remain in force for a period of two years

TE1262 - Commissioner T.J. Abey - 15 November 2002
s61J enterprise agreement - Tasmanian Animal Hospitals and Persons employed as Full-Time, Part-Time and Casual Employees - Tasmanian Animal Hospitals Enterprise Agreement 2002 - agreement approved - operative 17 August 2002 for 3 years

TE1261 - Commissioner T.J. Abey - 30 October 2002
s61J enterprise agreement - The Management Committee, The Channel Enterprise (Inc.) and Trina Blazely, the Part-Time Access Centre Coordinator - Woodbridge Online Access Centre Enterprise Agreement - agreement approved - operative date 18 October 2002 until 30 June 2003

TE1260 - Deputy President R.J. Watling - 22 October 2002
s61J enterprise agreement - Kingston Online Inc. and Ms Amanda Oliver a person employed as Manager - Kingston Online Access Centre (Manager) Enterprise Agreement - agreement approved - operative 22 October 2002 - to remain in force until 15 April 2003

TE1259 - Commissioner P.C. Shelley - 28 October 2002
s61J enterprise agreement - The Derwent City Bowls Club Inc and Mark Albury or any other persn employed as a Greenkeeper under the terms of this Agreement - The Derwent City Bowls Club (Greenkeeper) Enterprise Agreement 2002 - agreement approved - operative 11 September 2002 for a period of three years

TE1258 - Deputy President R.J. Watling - 22 October 2002
s61J enterprise agreement - Kingston Online Inc. and Mr Byron Drogemuller a person employed as a Coordinator Assistant - Kingston Online Access Centre (Coordinatory Assistant) Enterprise Agreement - agreement approved - operative 22 October 2002 - to remain in force until 27 February 2003

TE1255 - Commissioner P.C. Shelley - 16 September 2002
s61J enterprise agreement - Stephen Dyer - ABN 2118 5337 931 - a sole trader trading as AbbaNet and Any Managed Network Specialist covered by this Agreement - The AbbaNet Enterprise Agreement 2002 - agreement approved - operative 17 July 2002 for a period of three years

TE1248 - Deputy President R.J. Watling - 23 December 2002
s61J enterprise agreement - Scott Andrew Newsum trading as Scooters Restaurant and Persons employed as Chefs, Cooks, Food and Beverage Service, Apprentices and Trainees - Scooters Restaurant Enterprise Agreement - agreement approved - operative 19 December 2002 - for a period of 3 years

TE1247 - Commissioner P.C. Shelley - 26 August 2002
s61J enterprise agreement - D & S Investments Pty Ltd - ACN 009-525-286 trading as Bakers Dozen and Employees classified in accordance with Clause 6 of this Agreement - fair in all the circumstances test - awareness of changes to entitlements - awareness of changes to existing conditions of employment - provision of written statements specifying changes - whether tests satisfied - whether agreements can have retrospective application - agreement not approved