2003
2003 Decisions
T11212 - Deputy President R.J. Watling - 24 December 2003
s23 award variation - Shop, Distributive and Allied Employees' Association, Tasmanian Branch - Hairdressing, Health and Beauty Industry Award - application amended - wage rates - increased relativities for beauty consultant, salon coordinators and salon assistant - State Minimum Wage - consequential renumbering of Savings clause - consent matter - application granted - award varied - operative date ffpp 1 January 2004
Transcript
T11187 - Deputy President R.J. Watling - 22 December 2003
s55 industrial agreement - Shop Distributive and Allied Employees Association, Tasmanian Branch and Statewide Independent Wholesalers Limited - Statewide Cash n Carry/Foodservice Division-Shop, Distributive & Allied Employees' Association Enterprise Agreement 2001-2004 - agreement approved - operative ffpp 1 August 2001 - to remain in force until 1 August 2004 - forwarded to the Acting Registrar for registration
T11182 - Deputy President R.J. Watling - 15 December 2003
s55 industrial agreement - Shop Distributive and Allied Employees Association, Tasmanian Branch and Fairview Festival Supermarket - Fairview Festival Supermarket - Shop, Distributive and Allied Employees Association - Tasmanian Branch Agreement 2003 - agreement approved - operative ffpp 1 October 2003 - to remain in force until 1 October 2006 - forwarded to the Acting Registrar for registration
T11181 - Commissioner T.J. Abey - 11 December 2003
s55 industrial agreement - Health Services Union of Australia, Tasmania No. 1 Branch and Launceston Presbyterian Home for the Aged Inc. - Launceston Presbyterian Home for the Aged Inc. (Maranatha Retirement Home Legana Transfer) Industrial Agreement 2003 - application approved - operative date 24 November 2003 - forwarded to A/Registrar for registration
T11178 - Deputy President R.J. Watling - 15 December 2003
s23 award variation - The Association of Professional Engineers, Scientists and Managers, Australia - Retail Pharmacy Award - wage rates - work value case for student and trainee - reasonable overtime - Full Bench Decision T10886 of 2003 - consent matter - application granted - award varied - operative date ffpp 3 December 2003
Transcript
T11157 - Commissioner T.J. Abey - 28 November 2003
s55 industrial agreement - National Union of Workers (Central Branch) and GlaxoSmithKline Australia - GlaxoSmithKline Australia (Latrobe Site) Industrial Agreement - application approved - operative date 1 July 2003 to 30 June 2004 - forwarded to A/Registrar for registration
T11156 - Deputy President R.J. Watling - 26 November 2003
s23 award variation - Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch - Child Care and Childrens Services Award - superannuation - eligible employee - consent matter - application granted - award varied - operative date 26 November 2003
Transcript
T11146 - Deputy President R.J. Watling - 21 November 2003
s55 industrial agreement - Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union and NGT Tasmania Limited - NGT-AMWU School Based Traineeship Agreement 2003 - agreement approved - operative 1 September 2003 - for a period of 24 months - forwarded to the Acting Registrar for registration
T11138 - Commissioner P.C. Shelley - 27 November 2003
s23 award variation - Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union - Metal and Engineering Industry Award - consent matter - application granted - award varied - operative date ffpp 1 December 2003
Transcript
T11136 - Commissioner T.J. Abey - 12 November 2003
s55 industrial agreement - Health Services Union of Australia, Tasmania No. 1 Branch and Healthscope (Tasmania) Ltd - The Healthscope Limited (Hobart Private Hospital) Combined Enrolled Nurse and Administrative Positions Industrial Agreement 2003 - application approved - operative date ffpp 12 November 2003 - forwarded to A/Registrar for registration
T11132 - Deputy President R.J. Watling - 10 November 2003
s55 industrial agreement - Australian Municipal, Administrative, Clerical and Services Union and The Working Women's Centre of Tasmania Inc. - The Working Women's Centre of Tasmania - Australian Services Union Industrial Agreement 2003 - application approved - operative date ffpp 1 October 2003 - to remain in force for a period of 2 years - forwarded to A/Registrar for registration
T11131 - Commissioner P.C. Shelley - 18 November 2003
s23 award variation - Australian Municipal, Administrative, Clerical and Services Union - Public Vehicles Award - 2nd MRA - consent matter - application granted - award varied - operative date ffpp 18 November 2003
Transcript
T11124 - Commissioner P.C. Shelley - 11 December 2003
s55 industrial agreement - National Union of Workers (Central Branch) - King Island National Foods Limited Enterprise Agreement 2003-2005 - agreement approved - operative 20 April 2003 until 30 September 2005 - forwarded to the Acting Registrar for registration
T11110 and T11111 - Commissioner T.J. Abey - 3 December 2003
s29 industrial dispute - Construction, Forestry, Mining and Energy Union, Tasmanian Branch and Australian Mines and Metals Association (Incorporated) on behalf of Pasminco Hobart Smelter (Administrator Appointed) - alleged unfair termination of employment - industrial action - alleged serious breach of safety - employer acted on a premise not reasonably open - material change to factual basis for dismissal - clarity of operating procedures - training - safety not compromised by production targets found - procedural fairness afforded - valid reason for termination not proven - termination unfair - lesser penalty appropriate - re-instatement from prospective date ordered
T11104 - Commissioner P.C. Shelley - 18 November 2003
s23 award variation - Construction, Forestry, Mining and Energy Union - Mobile Crane Hire Award - consent matter - application granted - award varied - operative date ffpp 17 November 2003
Transcript
T11103 - Deputy President R.J. Watling - 15 October 2003
s55 industrial agreement - Australian Municipal, Administrative, Clerical and Services Union, The Royal Automobile Club of Tasmania Limited and RACT Insurance Pty Ltd - Australian Municipal Administrative, Clerical and Services Union/The Royal Automobile Club of Tasmania Limited and RACT Insurance Pty Ltd Staff Agreement 2003 - application approved - operative date ffpp 15 October 2003 - to remain in force until 31 December 2005 - forwarded to A/Registrar for registration
T11100 - Commissioner P.C. Shelley - 8 December 2003
s55 industrial agreement - The Australian Workers' Union, Tasmania Branch - Aquatas (Feeders) Industrial Agreement 2003 - agreement approved - operative 1 October 2003 for a period of one year - forwarded to the Acting Registrar for registration
T11088 and T11089 - Commissioner T.J. Abey - 5 November 2003
s23 award variation - Construction, Forestry, Mining and Energy Union, Tasmanian Branch - Building and Construction Industry Award and Building Trades Award - expense related allowances - applications approved - operative date ffpp 30 October 2003
Transcript
T11087 - Commissioner P.C. Shelley - 17 November 2003
s23 award variation - Transport Workers' Union of Australia (Victorian/Tasmanian Branch) - Carriers Award - consent matter - application granted - award varied - operative date ffpp 14 November 2003
Transcript
T11086 - Commissioner P.C. Shelley - 28 November 2003
s23 award variation - Transport Workers' Union of Australia (Victorian/Tasmanian Branch) - Carriers Award - consent matter - application granted - operative date ffpp 14 November 2003
Transcript
T11080 - Commissioner T.J. Abey - 2 October 2003
s55 industrial agreement - Health Services Union of Australia, Tasmania No. 1 Branch and Healthscope Limited - Healthscope Limited and Health and Community Services Union Enterprise Bargaining Agreement 2002 - application approved - operative date ffpp 2 October 2003 to 31 October 2004 - forwarded to A/Registrar for registration
T11079 - Commissioner P.C. Shelley - 6 October 2003
s55 industrial agreement - The Australian Workers' Union, Tasmania Branch and Inghams Enterprises Pty Ltd - Inghams Enterprises (Sorell) Industrial Agreement 2003 - agreement approved - operative 1 June 2003 for a period of two years - forwarded to the Acting Registrar for registration
T11078 - Deputy President R.J. Watling - 20 October 2003
s55 industrial agreement - Shop, Distributive and Allied Employees Association, Tasmanian Branch and NGT Tasmania Ltd - NGT - SDA School Based Traineeship Agreement 2003 - agreement approved - operative 1 September 2003 for a period of 24 months - forwarded to the Acting Registrar for registration
T11068 - Commissioner T.J. Abey - 2 October 2003
s55 industrial agreement - The Australian Workers' Union, Tasmania Branch and Carrowdore Pty Ltd trading as Houston's Farm - Houston's Farm Industrial Agreement 2003 - application approved - operative date ffpp 30 September 2003 for a period of 1 year - forwarded to A/Registrar for registration
T11065 - Commissioner T.J. Abey - 6 October 2003
s55 industrial agreement - Health Services Union of Australia, Tasmania No 1 Branch and St Giles Society Inc. - St Giles Society Inc. (Health Professionals) Industrial Agreement 2003 - application approved - operative date ffpp 6 October 2003 for a period of 3 years - forwarded to A/Registrar for registration
T11064 - President P.L. Leary - 25 November 2003
s23 award variation - Australian Municipal, Administrative, Clerical & Services Union - Entertainment Award - 38 hour week adjustment - application approved - operative date ffpp 1 December 2003
Transcript
T11062 - Deputy President R.J. Watling - 20 October 2003
s55 industrial agreement - The Australian Workers' Union, Tasmania Branch and Tassal Limited (Receivers and Managers Appointed) - Tassal Limited (Receivers and Managers Appointed) and The Australian Workers Union (Seasonal Employment) Industrial Agreement 2003 - application approved - operative date ffpp 17 September 2003 - forwarded to A/Registrar for registration
T11060 - Commissioner T.J. Abey - 16 October 2003
s23 award variation - Australian Municipal, Administrative, Clerical and Services Union - Public Accountants Award - new definition 'Adult Entry' - new reasonable hours clause in accordance with Full Bench decision T10886, T10887, T10927 and T10928 of 2003 - operative date ffpp 13 October 2003
Transcript
T11058 - Commissioner P.C. Shelley - 26 September 2003
s55 industrial agreement - Health Services Union of Australia, Tasmania No. 1 Branch and Glenview Home Inc.- Glenview Outreach Department Agreement 2003 - agreement approved - operative 1 August 2003 until 1 July 2006 - forwarded to the Acting Registrar for registration
T11055, T11056 and T11057 - Commissioner T.J. Abey - 20 October 2003
s29 industrial dispute - Cheryl Elizabeth Brown, Roslyn Jane Webb and Julie Anne Gray v Tannod Pty Ltd - alleged breach of the Cleaning and Property Services Award - order issued
T11048 - Deputy President R.J. Watling - 13 October 2003
s55 industrial agreement - Tasmanian Chamber of Commerce and Industry Limited on behalf of as agent for its member Cement Australia Holdings Pty Ltd, the Australian Municipal, Administrative, Clerical and Services Union, the Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, The Australian Workers' Union, Tasmania Branch, the Construction, Forestry, Mining and Energy Union, Tasmanian Branch and The Transport Workers' Union of Australia (Victorian/Tasmanian Branch) - Cement Australia Holdings Pty Ltd Railton Plant And Devonport Terminal Operations Enterprise Agreement 2003 - agreement approved - operative ffpp 31 March 2003 - to remain in force until 31 March 2005 - forwarded to the Acting Registrar for registration
T11045 - Commissioner T.J. Abey - 2 October 2003
s29 industrial dispute - Tasmanian Branch of the Australian Medical Association and the Minister Administering the State Service Act 2000 - alleged denial of due process in respect to non-reappointment of Dr Quentin Forrest at the Launceston General Hospital - successive fixed-term contracts - reasonable expectation of continuing employment - recommendation
T11043 - Commissioner T.J. Abey - 18 September 2003
s55 industrial agreement - The Australian Workers' Union, Tasmania Branch and Adelaide Mushrooms (Nominees) Pty Ltd - Tasmanian Mushrooms Agreement 2003 - application approved - operative date ffpp 1 August 2003 for a period of 12 months - forwarded to A/Registrar for registration
T11040 - Commissioner P.C. Shelley - 26 September 2003
s23 award variation - Tasmanian Chamber of Commerce and Industry Ltd - Insurance Award - to delete Clause 25 - Preference of Employment and to amend Clause 27 - Right of Entry of Union Officials - consent matter - application granted - award varied - operative date 25 September 2003
Transcript
T11038 - Deputy President R.J. Watling - 6 October 2003
s55 industrial agreement - National Union of Workers (Central Branch) and Australian Liquor Marketers Pty Ltd - Australian Liquor Marketers (Tasmania) and National Union of Workers Warehousing Agreement 2003 - agreement approved - operative from ffpp 1 March 2003 - to remain in force until 28 February 2005 - forwarded to the Acting Registrar for registration
T11039 - Commissioner T.J. Abey - 11 September 2003
s55 industrial agreement - Minister Administering the State Service Act 2000 and The Community and Public Sector Union (State Public Services Federation Tasmania) Inc. and Australian Education Union, Tasmanian Branch and Health Services Union of Australia, Tasmania No. 1 Branch - Tasmanian State Service National Training Wage Agreement 2003 - application approved - operative date ffpp 11 September 2003 - forwarded to A/Registrar for registration
T11033 - Commissioner P.C. Shelley - 12 September 2003
s55 industrial agreement - Health Services Union of Australia, Tasmania No. 1 Branch - Plane Tree Studio Inc.(Employment Conditions) Industrial Agreement 2003 - agreement approved - operative 12 September 2003 for a period of three years - forwarded to the Acting Registrar for registration
T11019 - Deputy President R.J. Watling - 2 October 2003
s23 award variation - Shop, Distributive and Allied Employees Association, Tasmanian Branch - Hairdressing, Health And Beauty Industry Award - amended application - wage rates - State Wage Case July 2003 - Award rates increased by $17 per week up to and including $731.80, $15 per week in award rates above $731.80 per week - Wage related allowances increased by 3.24% - Meal allowances increased to $12.30 - Supported Wage increased to $60 per week - Reasonable Hours Clause approved - Operative date ffpp 1 October 2003
Transcript - 26 August
Transcript - 1 October
T11017 - Commissioner T.J. Abey - 28 August 2003
s29 industrial dispute - Josef Murray Hutchison-Steele and Screensprint Pty Ltd - alleged unfair termination of employment - matter settled - Order by Consent - file closed
T11009 - Commissioner P.C. Shelley - 19 September 2003
s23 award variation - The Association of Professional Engineers, Scientists and Managers, Australia - Professional Engineers and Scientists (Private Industry) Award - variation of award - model clause inserted to reflect T10886 of 2003 - consent matter - application granted - award varied - operative date ffpp 18 September 2003
Rosebery (Mining) Award - increases in line with SWC 2003 application granted operative ffpp 1 August 2003
Transcript
T10996 - Commissioner T.J. Abey - 22 August 2003
s55 industrial agreement - Health Services Union of Australia Tasmania No 1 Branch and Queen Victoria Home Inc - Queen Victoria Home Inc (Trainee Enrolled Nurse) Industrial Agreement 2003 - application approved - operative date 1 August 2003 for a period of two years - forwarded to A/Registrar for registration
T10991 - Commissioner T.J. Abey - 8 August 2003
s23 award variation - The Australian Workers' Union, Tasmania Branch - Pasminco Rosebery (Mining) Award - increases in line with SWC 2003 application granted operative ffpp 1 August 2003
Transcript
T10990 - Commissioner T.J. Abey - 8 August 2003
s23 award variation - The Australian Workers' Union, Tasmania Branch - Pasminco Hobart Smelter Enterprise Award - increases in line with SWC 2003 - application granted - operative ffpp 1 August 2003
Transcript
T10974 - Commissioner P.C. Shelley - 3 September 2003
s23 award variation - Construction, Forestry, Mining and Energy Union - Mobile Crane Hire Award - variation of clause 3(c) Casual Employment of Part II - consent matter - application granted - award varied - operative date ffpp 29 August 2003
Transcript
T10971 - Deputy President R.J. Watling - 8 August 2003
s65A award interest - The Association of Independent Schools of Tasmania Incorporated - Child Care and Childrens Services Award, Independent Schools (Non-Teaching Staff) Award, Independent Schools (Teachers) Tasmania Award - interest granted - operative date 30 July 2003 - award varied - forwarded to Acting Registrar
T10967 - Deputy President R.J. Watling - 8 August 2003
s55 industrial agreement - National Union of Workers (Central Branch) and Statewide Independent Wholesalers Limited - Statewide Independent Wholesalers Grocery Distribution Centre - National Union of Workers Enterprise Agreement 2002/2004 - agreement approved - operative 1 November 2002 - to remain in force until 1 November 2004 - forwarded to the Acting Registrar for registration
T10966 - Commissioner P.C. Shelley - 7 August 2003
s23 award variation - Association of Professional Engineers, Scientists and Managers, Australia - Professional Engineers and Scientists [Private Industry] Award - variation of award - consent matter - application granted - award varied - operative date ffpp 7 August 2003
Transcript
T10965 - Commissioner P.C. Shelley - 7 August 2003
s23 award variation - Association of Professional Engineers, Scientists and Managers, Australia - Architects [Private Industry] Award - variation of award - consent matter - application granted - award varied - operative date ffpp 7 August 2003
Transcript
T10964 - Commissioner T.J. Abey - 25 July 2003
s55 industrial agreement - Australian Municipal, Administrative, Clerical and Services Union and Australian Nursing Federation (Tasmanian Branch) - ANF Administrative Staff Agreement 2003 - application approved - operative date ffpp 24 July 2003 - forwarded to A/Registrar for registration
T10960 - Deputy President R.J. Watling - 29 July 2003
s23 award variation - Tasmanian Catholic Education Employees' Association - Catholic Education Award - application amended - State Wage Case July 2003 - Meal allowances increased to $12.30 - consent matter - application granted- award varied - operative date ffpp 1 August 2003
Transcript
T10959 - Deputy President R.J. Watling - 8 August 2003
s23 award variation - Tasmanian Catholic Education Employees' Association - Catholic Education Award - Reasonable Hours Clause - Full Bench Decision - T10886 of 2003 - application approved - award varied - operative date ffpp 1 August 2003
Transcript
T10930 - Commissioner T.J. Abey - 23 July 2003
s23 award variation - Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch - Security Industry Award - Clause 17 - new subclause (d) inserted - Aviation Security Allowance - approved - operative ffpp 18 July 2003
Transcript
T10925 - Commissioner P.C. Shelley - 8 August 2003
s23 award variation - Transport Workers' Union of Australia (Victorian/Tasmanian Branch) - Carriers Award - meal times and travelling allowance - award varied - operative date ffpp 1 August 2003
Transcript
T10923 - Deputy President R.J. Watling - 16 July 2003
s55 industrial agreement - Australian Municipal, Administrative, Clerical and Services Union Tenants' Union of Tasmania Inc - Tenants' Union of Tasmania Inc Remuneration Packaging Agreement 2003 - agreement approved - operative date ffpp 16 July 2003 - for a period of one year - forwarded to Acting Registrar for registration
T10921 - Commissioner P.C. Shelley - 31 July 2003
s23 award variation - Transport Workers' Union of Australia (Victorian/Tasmanian Branch) - Dairy Processing Award - Clause 1(d) of Part III- consent matter - application granted - award varied - operative date ffpp 31 July 2003
Transcript
T10907 - Commissioner P.C. Shelley - 31 July 2003
s65A award interest - National Union of Workers (Central Branch) - Automotive Industries Award, Butter and Cheesemakers Award, Fibreglass and Plastics Award, Fuel Merchants Award, Insurance Award, Marine Boards Award, Photographic Industry Award, Produce Award, Retail Trades Award, Rubber Trades Award, Timber Merchants Award, Wholesale Pharmaceutical Award, Wholesale Trades Award - determination - interest granted for awards as listed in decision - awards varied - operative 30 July 2003 - forwarded to A/Registrar
T10906 and T10919 - Commissioner T.J. Abey - 27 June 2003
s29 industrial dispute - The Australian Workers' Union, Tasmania Branch (T10906 of 2003) and Construction, Forestry, Mining and Energy Union, Tasmanian Branch (T10919 of 2003) and Pasminco Hobart Smelter (Administrator Appointed) - the intention by the company to unilaterally alter conditions of employment in relation to the disciplinary process - parties directed to confer - recommendation that implementation be deferred
T10903 - Deputy President R.J. Watling - 30 June 2003
s55 industrial agreement - Australian Municipal, Administrative, Clerical and Services Union and Hobart Women's Health Centre Inc. - Hobart Women's Health Centre/Australian Services Union Salary Packaging Agreement - agreement approved - operative date ffpp 30 June 2003 - for a period of one year - forwarded to Acting Registrar for registration
T10902 - Commissioner P.C. Shelley - 15 July 2003
s55 industrial agreement - Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union - Montague Cold Storage [Tasmania] Pty Ltd Devonport Agreement 2003 - agreement approved - operative 10 January 2003 until 10 January 2005 - forwarded to the Acting Registrar for registration
T10891 - Deputy President R.J. Watling - 17 June 2003
s55 industrial agreement - The Australian Workers' Union, Tasmania Branch and The Roofing Centre Tasmania Pty Ltd - The Roofing Centre Industrial Agreement - agreement approved - operative 1 June 2003 - for a period of 36 months - forwarded to the Acting Registrar for registration
T10890 - Commissioner P.C. Shelley - 22 August 2003
s29 industrial dispute - Department of Infrastructure, Energy and Resources, Workplace Standards Tasmania and Powercrank Batteries Pty Ltd underpayment of wages - whether Saturdays worked - whether Saturday work was authorised - order issued
T10882 - Commissioner T.J. Abey - 5 June 2003
s23 award variation - Police Association of Tasmania - Police Award - expense related allowances - application granted - operative date ffpp 5 June 2003 - order issued
Transcript
T10863, T10864, T10865, T10866, T10867, T10868, T10869, T10870, T10871, T10872, T10873, T10874, T10875, T10876, T10877 and T10878 - Deputy President R.J. Watling - 18 August 2003
s29 industrial dispute - The Minister for Infrastructure and Parkfield Pty Ltd and Petrecon Australia Pty Ltd
trading as The Officers Mess, Eaglehawk Neck - alleged breach of award - preliminary decision
T10855 - Commissioner T.J. Abey - 2 September 2003
s29 industrial dispute - Helen Mary Dillon and S M International Pty Ltd trading as City View Motel - application of Enterprise Agreement - management contract - administrative employee - Agreement found to apply - hours worked - whether overtime authorised - public holidays - Order
T10851 - Commissioner T.J. Abey - 13 June 2003
s29 industrial dispute - Quentin Harry Bradley and Robert William Reece trading as Somerset Discount Tyre Service - alleged unfair termination of employment - termination at the initiative of the employer found - absence of valid reason for termination - recommendation
T10845, T10848, T10849, T10850 and T10846, T10847 - Commissioner T.J. Abey - 23 May 2003
s23 award variation - The Community and Public Sector Union (State Public Services Federation Tasmania) Inc. (T10845 of 2003) (T10848 of 2003) (T10849 of 2003) (T10850 of 2003) - Sea Fisheries Award, Police Departmental Employees Award, General Conditions of Employment Award, Community and Health Services (Public Sector) Award
The Community and Public Sector Union (State Public Services Federation Tasmania) Inc. (T10846 of 2003) (T10847 of 2003) - Community and Health Services (Public Sector) Award, General Conditions of Employment Award
Award variation - expense related allowances - consent matters - applications approved - operative date ffpp 20 May 2003
Award variation - kilometreage allowances - consent matters - applications approved - operative date ffpp 20 May 2003
Transcript
T10831 - Commissioner T.J. Abey - 7 May 2003
s55 industrial agreement - The Australian Workers' Union, Tasmania Branch and Hazell Bros Group - Hazell Bros Silviculture and Afforestation Industrial Agreement 2003 - application approved - operative date 1/1/03 - 31/5/05 - forwarded to A/Registrar for registration
T10825 - Commissioner T.J. Abey - 29 May 2003
s29 industrial dispute - Construction, Forestry, Mining and Energy Union, Tasmanian Branch and HBMI Pty Ltd - alleged breach of award - directions
T10820 - Deputy President R.J. Watling - 12 May 2003
s23 award variation - The Australian Workers' Union, Tasmania Branch - Pasminco Rosebery (Mining) Award - wage rates - consolidation of base rate and supplementary payment columns - consent matter - application approved - award varied - operative date ffpp 12 May 2003 - order issued
T10818 - Deputy President R.J. Watling - 12 June 2003
s65A award interest - Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch - National Training Wage (Tasmanian Private Sector) Award - interest granted - operative date 13 May 2003 - award varied - forwarded to Acting Registrar - order issued
T10813 - Commissioner T.J. Abey - 15 May 2003
s55 industrial agreement - Health Services Union of Australia, Tasmania No. 1 Branch and Association for Christian Homes for the Aged Inc. - Association for Christian Homes for the Aged (Personal Care Assistants) Industrial Agreement 2002 - application approved - operative date 26 August 2002 for 12 months - forwarded to A/Registrar for registration
T10812 - Deputy President R.J. Watling - 5 May 2003
s55 industrial agreement - Health Services Union of Australia, Tasmania No. 1 Branch Star Tasmania Inc. - Star Tasmania Inc (Manager's Salary) Industrial Agreement 2002 - application approved - operative date ffpp 1 August 2002 - to remain in force for a period of 3 years
T10810 - Deputy President R.J. Watling - 29 April 2003
s55 industrial agreement - Health Services Union of Australia, Tasmania No. 1 Branch and Cerebral Palsy Tasmania - The Equipment and Technology Library Salary Sacrifice Agreement 2003 - application approved - operative date 1 January 2003 - until 30 March 2006
T10806 - Commissioner T.J. Abey - 14 April 2003
s55 industrial agreement - The Australian Workers' Union, Tasmania Branch and Tassal Limited (Receivers and Managers Appointed) - Tassal Limited (Receivers and Managers Appointed) and the Australian Workers Union (Operational Adjustments) Industrial Agreement 2003 - application approved - operative date ffpp 17 March 2003 - forwarded to A/Registrar for registration
T10799 - Deputy President R.J. Watling - 30 April 2003
s23 award variation - The Australian Workers' Union, Tasmania Branch - Pasminco Hobart Smelter Enterprise Award - wage rates and work related allowances - State Wage Case T3166 of 1991, T4692 of 1993, T5214 of 1994, T6284 of 1996, T6941 of 1997, T7702 of 1998, T8413 of 1999, T9062 of 2000, T9605 of 2001 and T10230 of 2002 - consent matter - application approved - award varied - operative date ffpp 28 April 2003 - order issued
Transcript
T10797 - Commissioner P.C. Shelley - 1 October 2003
s29 industrial dispute - The Australasian Meat Industry Employees Union, Tasmania Branch and Newemploy Pty Ltd - alleged unfair termination of employment of named employees - reasonable expectation of continuing employment - effect of training contract on contract of employment - whether valid reason based on operational requirements - whether genuine independent contractor arrangements - whether labour hire company at arm's length from client company - whether order can be made against third party - orders issued
T10796 - Commissioner T.J. Abey - 23 September 2003
s29 industrial dispute - Gregory Colin Riley and Aquatas Pty Ltd - severance pay in respect of termination of employment as a result of redundancy - contractual terms - extended notice - order issued
T10789 - Commissioner T.J. Abey - 10 April 2003
s29 industrial dispute - The Australian Workers' Union, Tasmania Branch and Tassal Limited (Receivers and Managers Appointed) - treatment of employees as a consequence of significant operational adjustments - Recommendation
T10787 - Commissioner P.C. Shelley - 13 October 2003
s29 industrial dispute - The Australian Workers' Union, Tasmania Branch and Evergreen Forest Services Ltd [in liquidation] - breach of award - Order issued - Correction Order issued
T10786 - Deputy President R.J. Watling - 15 April 2003
s55 industrial agreement - Australian Municipal, Administrative, Clerical and Services Union and Northern Group Training Ltd - NGT-ASU School Based Traineeship Agreement 2003 - agreement approved - operative 15 April 2003 - for a period of one year - forwarded to the Acting Registrar for registration
T10784 - Deputy President R.J. Watling - 8 April 2003
s55 industrial agreement - Tasmanian Catholic Education Employees' Association and Tasmanian Chamber of Commerce and Industry Limited - The Tasmanian Catholic Education Agreement 2003 - agreement approved - operative ffpp 1 April 2003 to 31 March 2004 - forwarded to Acting Registrar for registration
T10783 - Deputy President R.J. Watling - 8 April 2003
s55 industrial agreement - Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Lactos Pty Ltd - AMWU, CEPU and Lactos Maintenance Agreement 2002 - agreement approved - operative 1 January 2003 to 31 December 2003 - forwarded to the Acting Registrar for registration
T10778 - Commissioner P.C. Shelley - 9 May 2003
s55 industrial agreement - Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch - Cripps Nubake Enterprise Agreement 2001 - agreement approved - operative 1 November 2003 for a period of three years - forwarded to the Acting Registrar for registration
T10771 - Deputy President R.J. Watling - 1 April 2003
s23 award variation - Australian Municipal, Administrative, Clerical and Services Union - Public Accountants Award - application amended - wage rates - 4th Minimum Rate Adjustment - allowances for qualifications - minimum wage - application granted - award varied - operative date ffpp 15 April 2003 - order issued
Transcript
T10770 - Commissioner P.C. Shelley - 11 April 2003
s55 industrial agreement - Australian Education Union, Tasmanian Branch - AEU Tasmanian Branch Employees Agreement 2002 - agreement approved - operative 10 April 2003 for a period of time not exceeding three years - forwarded to the Acting Registrar for registration
T10766 - Commissioner T.J. Abey - 19 August 2003
s29 industrial dispute - Construction, Forestry, Mining and Energy Union, Tasmanian Branch and Technicote Australia Pty Ltd - alleged breach of the Building and Construction Industry Award - application dismissed - file closed
T10757 - Deputy President R.J. Watling - 2 April 2003
s23 award variation - Shop, Distributive and Allied Employees' Association, Tasmanian Branch - Hairdressing, Health and Beauty Industry Award - application amended - wage rates - 4th Minimum Rate Adjustment - application granted - award varied - operative date ffpp 1 April 2003 - order issued
Transcript
T10752 - Commissioner T.J. Abey - 3 April 2003
s55 industrial agreement - Health Services Union of Australia, Tasmania No. 1 Branch and Mayne Group Limited - Mayne Group Limited and Health Services Union of Australia (Transmission of Business) Industrial Agreement 2003 - application approved - operative date ffpp 1 March 2003 - 1 July 2003 - forwarded to A/Registrar for registration
T10751 - Commissioner T.J. Abey - 3 April 2003
s55 industrial agreement - Health Services Union of Australia, Tasmania No. 1 Branch and Minister Administering the State Service Act 2000 - Department of Health and Human Services' Roy Fagan Centre Shift Work Arrangements Agreement 2003 - application approved - operative date 27 April 2003 for 1 year - forwarded to A/Registrar for registration
T10747 - Deputy President R.J. Watling - 2 April 2003
s32(7A) rescission of award - Tasmanian Industrial Commission - Landscape Gardening Award - operative 2 April 2003 - order issued
T10745 - Commissioner T.J. Abey - 5 June 2003
s29 industrial dispute - Stacey Lee Kaine and Darren and Emma Harding trading as Hairworld - alleged unfair termination of employment - alleged breach of award - procedural fairness - fair go all round test - application for alleged unfair termination dismissed - file to remain open for applicant to pursue alleged breach of award
T10740 - Deputy President R.J. Watling - 2 April 2003
s55 industrial agreement - National Union of Workers, Tasmanian Branch and Northern Group Training Ltd - NGT-NUW Warehousing Public Holidays Agreement 2003 - agreement approved - operative 1 March 2003 - for a period of two years - forwarded to the Acting Registrar for registration
T10739 - Commissioner P.C. Shelley - 2 April 2003
s55 industrial agreement - The Australian Workers' Union, Tasmania Branch and National Foods Milk Tasmania - National Foods Milk Tasmania Enterprise Agreement 2002 - agreement approved - operative 1 August 2002 for a period of three years - forwarded to the Acting Registrar for registration
T10737 - Commissioner T.J. Abey - 12 March 2003
s55 industrial agreement - The Australian Workers' Union, Tasmania Branch and Woodstock Forest Service - Woodstock Forest Service Silviculture and Afforestation Industrial Agreement 2003 - application approved - operative date 1/2/03 to 31/5/05 - forwarded to A/Registrar for registration
T10728 - Commissioner P.C. Shelley - 14 March 2003
s55 industrial agreement - Australian Municipal, Administrative, Clerical and Services Union and Australian Labor Party-Tasmanian Branch - ASU - Australian Labor Party - Tasmanian Branch Agreement 2003 - agreement approved - operative 1 January 2003 for a period of two years - forwarded to the Acting Registrar for registration
T10727 - Commissioner T.J. Abey - 1 May 2003
s23 award variation - The Australian Workers' Union, Tasmania Branch - TEMCO Enterprise Award - Clause 8 - Salaries - transfer into award salaries applicable under previously expired agreement - operative date ffpp 30 April 2003 - order issued
Transcript
T10726 - Deputy President R.J. Watling - 4 March 2003
s23 award variation - The Tasmanian Independent Schools Teachers Association - Independent Schools (Teachers) Tasmania Award - Due Process - application approved - award varied - operative date 4 March 2003 - order issued
Transcript
T10716 - Commissioner T.J. Abey - 4 July 2003
s29 industrial dispute - James Arpad Babos and Statewide Independent Wholesalers - alleged unfair termination of employment - severance pay in respect of termination of employment as a result of redundancy - genuine redundancy - additional payment in lieu of notice ordered
T10714 - Commissioner T.J. Abey - 6 March 2003
s55 industrial agreement - The Australasian Meat Industry Employees Union, Tasmanian Branch and Tasman Group Services Trading as Longford Meat Company - Tasman Group Services - Longford Meat Company Industrial Agreement 2002 - application approved - operative date ffpp 5 August 2002 for a period of one year - forwarded to A/Registrar for registration
T10711 - Deputy President R.J. Watling - 31 March 2003
s55 industrial agreement - National Union of Workers, Tasmanian Branch and Woolworths Limited - Woolworths Limited Hobart Distribution Centre - National Union of Workers Enterprise Agreement 2002-2004 - agreement approved - operative 1 November 2002 - for a period of 2 years - forwarded to the Acting Registrar for registration
T10703 - Commissioner T.J. Abey - 26 February 2003
s55 industrial agreement - Minister Administering the State Service Act 2000 and The Community and Public Sector Union (State Public Services Federation Tasmania) - Radio Dispatch Operators (Department of Police and Public Safety) Agreement 2002 - application approved - operative date ffpp 21 February 2003 until 30 January 2005 - forwarded to A/Registrar for registration
T10694 - Commissioner T.J. Abey - 18 February 2003
s55 industrial agreement - Minister Administering the State Service Act 2000 and Tasmanian Branch of the Australian Medical Association - Department of Health and Human Services Tasmanian Visiting Medical Practitioners Agreement 2002 - application approved - operative date ffpp 13 February 2003 - forwarded to A/Registrar for registration
T10691 - Commissioner P.C. Shelley - 5 September 2003
s29 industrial dispute - The Australian Workers' Union, Tasmania Branch and Adelaide Mushrooms Nominees Pty Ltd t/a Tasmanian Mushrooms - alleged unfair termination of employment - out of hours behaviour - assault on another employee - whether valid reason connected with employment - whether summary dismissal justified - whether procedural fairness - order issued
T10686 - Deputy President R.J. Watling - 7 February 2003
s55 industrial agreement - Health Services Union of Australia, Tasmania No. 1 Branch and Glenview Home Inc - The Glenview Banksia Staff Salary Packaging Agreement 2003 - agreement approved - operative 1 February 2003 - to 1 March 2005 - forwarded to the Acting Registrar for registration
T10683 - Commissioner T.J. Abey - 26 February 2003
s55 industrial agreement - Health Services Union of Australia, Tasmania No. 1 Branch and One Care Limited Umina Park St Lukes (Anglican Church in Australia) Association - Onecare Limited (Transfer) Industrial Agreement 2002 - application approved - operative date ffpp 29 September 2002 for a period of 12 months - forwarded to A/Registrar for registration
T10682 - Deputy President R.J. Watling - 29 January 2003
s23 award variation - Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union - Metal and Engineering Industry Award - wage rates - minimum rate adjustment - Trainee - Engineering Associate - application approved - award varied - operative date ffpp 28 January 2003 - order issued
Transcript
T10678 - Commissioner T.J. Abey - 1 July 2003
s29 industrial dispute - Bernard John Boot and Connorville Station Pty Ltd - alleged unfair termination of employment and severance pay in respect to termination of employment as a result of redundancy - severance payment confirmed - inadequate notice - parties directed to confer with recourse to the Commission if necessary - further decision
T10678 - Commissioner T.J. Abey - 23 June 2003
s29 industrial dispute - Bernard John Boot and Connorville Station Pty Ltd - alleged unfair termination of employment and severance pay in respect to termination of employment as a result of redundancy - severance payment confirmed - inadequate notice - parties directed to confer with recourse to the Commission if necessary
T10674 - Commissioner P.C. Shelley - 17 February 2003
s55 industrial agreement - Bonlac Foods Limited and The Australian Workers' Union, Tasmania Branch - Bonlac Foods Industrial Agreement 2002 - agreement approved - operative 1 October 2002 for a period of one year - forwarded to the Acting Registrar for registration
T10671 - Deputy President R.J. Watling - 29 January 2003
s23 award variation - Tasmanian Chamber of Commerce and Industry Limited - Metal and Engineering Industry Award - application amended - wage rates - restoration of calculation for trainee - engineering associate - application approved - award varied - operative date ffpp 1 August 2002 - order issued
Transcript
T10668 - Commissioner P.C. Shelley - 16 May 2003
s29 industrial dispute - The Australian Workers' Union, Tasmania Branch and Barminco Pty Ltd - registered agreement - wages review provision - alleged failure by employer to give appropriate weight to general industry and community and wage movements - whether terms of agreement breached - jurisdictional issues -- whether disputes settling procedure allows arbitration - whether wage increase can be ordered - order issued
T10667 - Deputy President R.J. Watling - 3 October 2003
s23 award variation - Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union - Metal and Engineering Industry Award - Reasonable Hours Clause - Full Bench Decision - T10886 of 2003 - application approved - award varied - operative date ffpp 10 October 2003
Transcript
T10663 - Commissioner P.C. Shelley - 13 March 2003
s23 award variation - Tasmanian Chamber of Commerce and Industry Limited - Dentists Award - Annual Leave - consent matter - application granted - award varied - operative date 19 February 2003 - order issued
Transcript
T10658 - Commissioner P.C. Shelley - 21 February 2003
s23 award variation - Shop, Distributive and Allied Employees Association, Tasmanian Branch - Hairdressing, Health and Beauty Industry Award - Safety Net Review 2002 - award varied - operative date ffpp 7 January 2003 - order issued
Transcript
T10656 - Deputy President R.J. Watling - 3 February 2003
s55 industrial agreement - Shop Distributive and Allied Employees Association, Tasmanian Branch and Launtoy Pty Limited - Launceston Toyworld Industrial Agreement 2002 - agreement approved - operative 1 August 2002 - to remain in force for a period of 3 years - forwarded to the Acting Registrar for registration
T10652 - Deputy President R.J. Watling - 15 January 2003
s55 industrial agreement - Australian Municipal, Administrative, Clerical and Services Union and Work and Training Limited - Work & Training-ASU-ISCU Trainee Agreement 2003 - agreement approved - operative ffpp 1 January 2003 - to remain in force for a period of three years - forwarded to the Acting Registrar for registration
T10628, T10629, T10632 and T10699 - Commissioner P.C. Shelley - 19 August 2003
s29 industrial disputes - Australian Education Union, Tasmanian Branch and The Minister administering the State Service Act 2000 - alleged unfair termination of employment - fixed term contracts - State Service Act - whether a reasonable expectation of continuing employment - applications dismissed
T10620 - Deputy President R.J. Watling - 4 March 2003
s23 award variation - Health Services Union of Australia, Tasmania No. 1 Branch - Disability Service Providers Award - application amended - Leave and Holidays with Pay - application approved - operative date ffpp 1 April 2003 - order issued
Transcript
T10619 - Deputy President R.J. Watling - 14 January 2003
s55 industrial agreement - Tasmanian Country Club Casino Proprietary Limited (ACN 009 516 819); Australian Liquor, Hospitality and Miscellaneous Workers Union -Tasmanian Branch; Construction, Forestry, Mining and Energy Union, Tasmanian Branch; Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (T10619 of 2002) - Country Club Casino (Maintenance) Enterprise Bargaining Agreement - agreement approved - operative ffpp 1 May 2001 - to 30 April 2004 - forwarded to Acting Registrar for registration
T10613 - Commissioner T.J. Abey - 3 February 2003
s23 award variation - Health Services Union of Australia, Tasmania No 1 Branch - Medical Practitioners (Private Sector) Award - wage rates - minimum wage - insert new minimum wage clause - phasing-in over 18-month period - annual leave loading - State Wage Case July 2002 (T10230 of 2002) - insert new supported wage clause - consent matter - application granted - award varied - operative dates ffpp 18 December 2002, 18 June 2003, 18 December 2003 and 18 June 2004 - order issued
Transcript
T10607 - Deputy President R.J. Watling - 7 January 2003
s55 industrial agreement - Health Services Union of Australia, Tasmania No. 1 Branch Star Tasmania Inc. - The Star Tasmania Inc. Salary Packaging Industrial Agreement 2003 - agreement approved - operative 1 January 2003 - to 30 June 2005 - forwarded to the Acting Registrar for registration
T10603 - Commissioner T.J. Abey - 3 February 2003
s23 award variation - Health Services Union of Australia, Tasmania No 1 Branch - Hospitals Award - wage rates - minimum wage - insert new minimum wage clause - State Wage Case July 2002 (T10230 of 2002) - consent matter - application granted - award varied - operative date ffpp 18 December 2002 - order issued
Transcript
T10596 - Commissioner P.C. Shelley - 28 January 2003
s55 industrial agreement - The Australian Workers' Union, Tasmania Branch and Tassal Limited Receivers and Managers Appointed - Tassal Limited [Receivers and Managers Appointed] Workplace Partnership Agreement 2002 - agreement approved - operative 2 July 2002 for a period of fifty two weeks - forwarded to the Acting Registrar for registration
T10594 - Commissioner P.C. Shelley - 28 January 2003
s55 industrial agreement - The Australian Workers' Union, Tasmania Branch Salmon Enterprises of Tasmania Pty Ltd trading as Saltas - Saltas (Freshwater Operations) Industrial Agreement 2002 - agreement approved - operative 1 October 2002 for a period of three years - forwarded to the Acting Registrar for registration
T10590 and T10591 - Commissioner P.C. Shelley - 28 January 2003
s29 industrial dispute - Erick Czizeck (T10590 of 2002)
Petra Duncan [T10591 of 2002] and Promotional Recreations Pty Ltd - termination of employment - matters settled - Orders by Consent - files closed
T10588 and T10677 - Commissioner P.C. Shelley - 23 February 2003
s29 industrial dispute - Rachael Heather Birt (T10588 of 2002) Gidget Dee Siggins (T10677 of 2003) and Kingston RSL T/A Club Kingston (under liquidation) - severance pay in respect of termination of employment as a result of redundancy - extension of time - order issued
T10576 - Commissioner T.J. Abey - 11 February 2003
s23 award variation - Shop, Distributive and Allied Employees Association, Tasmanian Branch - Bootmakers Award - wage rates - minimum wage - new minimum wage clause - phasing-in by two instalments - State Wage Case July 2002 (T10230 of 2002) - award reformatted - application granted - award varied - operative dates ffpp 18 December 2002 and ffpp 18 June 2003 - order issued
Transcript
T10572 - Commissioner T.J. Abey - 28 January 2003
s65A award interest - Transport Workers' Union of Australia (Victorian/Tasmanian Branch) - Building and Construction Industry Award - interest granted - operative date 16 January 2003 - award varied - forwarded to Acting Registrar - order issued
T10571 - Commissioner T.J. Abey - 29 January 2003
s23 award variation - Australian Liquor, Hospitality and Miscellaneous Workers Union-Tasmanian Branch - Leather, Canvas and Sheet Plastic Fabrication Award - wage rates - two adjustments - insert new minimum wage clause - State Wage Case July 2002 (T10230 of 2002) - consent matter - application granted - award varied - operative dates ffpp 18 December 2002 and ffpp 1 July 2003
Transcript
T10570 - Commissioner T.J. Abey - 29 January 2003
s23 award variation - Australian Liquor, Hospitality and Miscellaneous Workers Union-Tasmanian Branch - Veterinary Services Award - wage rates - minimum wage - insert new minimum wage clause - State Wage Case July 2002 (T10230 of 2002) - phasing-in by two instalments - consent matter - application granted - award varied - operative dates ffpp 18 December 2002 and ffpp 18 June 2003
Transcript
T10567, T10614 and T10615 - Commissioner T.J. Abey - 29 January 2003
s23 award variation - Australian Liquor, Hospitality and Miscellaneous Workers Union-Tasmanian Branch - Hotels, Resorts, Hospitality and Motels Award, Veterinary Services Award, Leather, Canvas and Sheet Plastic Fabrication Award - 9% superannuation - applications approved - operative date ffpp 18 December 2002
Transcript
T10553, T10556, T10560, T10562, T10574, T10580, T10581 - Deputy President R.J. Watling - 3 February 2003
s29 industrial dispute - Mrs Tania Michelle de Vries (T10553 of 2002) Jodi Ann Horton (T10556 of 2002) Susan Elizabeth Rootes (T10560 of 2002) Rochelle Patricia Kereopa (T10562 of 2002) Cheryle Maree Purdon (T10574 of 2002) Natalie Louise Smith (T10580 of 2002) Kylie Vanessa Harris (T10581 of 2002) and Watts Communications Australia Pty Ltd (In Liquidation) - termination of employment - severance pay - granted
T10544 - Commissioner T.J. Abey - 24 February 2003
s29 industrial dispute - The Australian Workers' Union, Tasmania Branch and Pasminco Hobart Smelter (Administrator Appointed) - final warning as a consequence of three breaches of safety protocol - procedural fairness afforded - in absence of any other consideration, decision was open to the employer - policy applied inconsistently - recommendation
T10537 - Commissioner P.C. Shelley - 28 January 2003
s23 award variation - The Australian Workers' Union, Tasmania Branch - Fish, Aquaculture and Marine Products Award - variation of award - consent matter - application granted - award varied - operative date ffpp 7 February 2003 - order issued
Transcript
T10535 - Deputy President R.J. Watling - 4 November 2003
s29 industrial dispute - Christopher Mark McVilly and Marksman Machine & Tool Co Pty Ltd ACN 067304161 - termination of employment - breach of award - preliminary matter - employer/employee relationship found to exist - Preliminary Decision
T10515 - Commissioner P.C. Shelley - 14 April 2003
s29 industrial dispute - Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch v Securefast Pty Ltd ABN 31 395 801 248 t/a Chubb Security Australia - breach of award - underpayment of wages - order issued
T10507 - Commissioner P.C. Shelley - 24 January 2003
s23 award variation - Transport Workers' Union of Australia (Victorian/Tasmanian Branch) - Transport Workers General Award - expense related allowances - consent matter - application granted - award varied - operative date ffpp on or after 16 January 2003 - order issued
Transcript
T10504 - Commissioner P.C. Shelley - 30 January 2003
s23 award variation - Transport Workers' Union of Australia (Victorian/Tasmanian Branch) - Transport Workers General Award - insertion of new minimum wage clause - consideration of whether clause can be inserted where lowest adult rate is less than the rate specified in the model minimum wage clause - application dismissed
Transcript
T10487 - Commissioner T.J. Abey - 7 July 2003
s29 industrial dispute - Scott Kenneth Butler and Daryl James Hantke trading as The Hydroponics Company - alleged unfair termination of employment - alleged breach of Retail Trades Award - procedural fairness denied - reinstatement not practicable - compensation awarded - underpayment of wages - remuneration to be in money and not otherwise - order made - Correction Order
T10487 - Commissioner T.J. Abey - 21 March 2003
s29 industrial dispute - Scott Kenneth Butler and The Hydroponics Company - alleged unfair termination of employment - alleged breach of Retail Trades Award - procedural fairness denied - reinstatement not practicable - compensation awarded - underpayment of wages - remuneration to be in money and not otherwise - order made
T10458 - Commissioner P.C. Shelley - 22 May 2003
s23 award variation - Australian Municipal, Administrative, Clerical and Services Union - Public Vehicles Award - restructure of award - consent matter - application granted - award varied - operative date ffpp 3 April 2003 - order issued
Transcript - 25 October 2002
Transcript - 19 December 2002
Transcript - 20 February 2003
Transcript - 4 March 2003
Transcript - 26 March 2003
Transcript - 3 April 2003
T10445 and T10695 - Commissioner P.C. Shelley - 6 June 2003
s29 industrial dispute - National Union of Workers, Tasmanian Branch and Northern Group Training Limited t/a NGT Tasmania - breach of award - meal allowances - required notice when overtime worked - requirement to work overtime - order issued
T10438 - Commissioner P.C. Shelley - 23 January 2003
s29 industrial dispute - Australian Workers' Union, Tasmania Branch and Barminco Pty Ltd - entitlement to long service leave - pro rata entitlement on termination of employment - transmission of business - whether continuous service - order issued
T10416 - Commissioner P.C. Shelley - 8 August 2003
s23 award variation - The Australian Workers' Union, Tasmania Branch - Butter and Cheesemakers Award - restructure of award - consent matter - application granted - award varied - operative date ffpp 1 August 2003
Transcript - 4 October 2002
Transcript - 17 January 2003
Transcript - 4 March 2003
Transcript - 15 May 2003
Transcript - 11 June 2003
T10381- Commissioner P.C. Shelley - 11 April 2003
s29 industrial dispute - The Australian Workers' Union, Tasmania Branch and Tasmanian Alkaloids Pty Ltd - alleged unfair termination of employment - jurisdictional issues - whether reasonable expectation of continuing employment - whether commission can hear dispute regarding contract of employment with a fixed end date - common law contracts - jurisdiction found - Preliminary Decision
T10369 - Commissioner P.C. Shelley - 24 January 2003
s29 industrial dispute - Construction, Forestry, Mining and Energy Union, Tasmanian Branch and Hume and Kerrison - long service leave - severance pay - jurisdiction - whether federal awards apply
T10332 - Commissioner T.J. Abey - 22 July 2003
s29 industrial dispute - Construction, Forestry, Mining and Energy Union, Tasmanian Branch and Island Block & Paving Pty Ltd - alleged unfair termination of employment - application out of time - alleged breach of award - Civil Construction and Maintenance Award applies - alleged breaches of Building and Construction Industry Award dismissed
T10332 (Correction) - Commissioner T.J. Abey - 19 August 2003
s29 industrial dispute - Construction, Forestry, Mining and Energy Union, Tasmanian Branch and Island Block & Paving Pty Ltd - alleged unfair termination of employment - application out of time - alleged breach of award - Civil Construction and Maintenance Award applies - alleged breaches of Building and Construction Industry Award dismissed - correction order
T10328 - Deputy President R.J. Watling - 19 June 2003
s29 industrial dispute - John Victor Marmarinos and The Launceston Community Legal Centre Inc. - termination of employment - procedurally unfair - reinstatement impractical - compensation - Order
T10327 - Deputy President R.J. Watling - 7 April 2003
s23 award variation - The Australian Workers' Union, Tasmania Branch - Pasminco Rosebery (Mining) Award - wage rates - State Wage Case T3166 of 1991, T4691 of 1993, T5214 of 1994, T6284 of 1996 and T6941 of 1997 - work related allowances T3166 of 1991, T4691 of 1993, T5214 of 1994, T6248 of 1996, T6941 of 1997, T7702 of 1998, T8413 of 1999, T9062 of 2000, T9605 of 2001 and T10230 of 2002 - supported wage system T10230, T10288 and T10289 of 2002 - consent matter - application approved - award varied - operative date ffpp 7 April 2003 - order issued
Transcript - 2 August 2002
Transcript - 7 April 2003
T10298 - Commissioner T.J. Abey - 24 January 2003
s29 industrial dispute - Kevin Lewis Winduss and Kentish Council - alleged unfair termination of employment - severance pay in respect of termination of employment as a result of redundancy - contract of employment - extension of contract - redundancy - order made
T10239 - Deputy President R.J. Watling - 18 November 2003
s29 industrial dispute - Jamie Lea Wynwood and Securefast Pty. Ltd - termination - breach - application discontinued
T10165 - Commissioner P.C. Shelley - 14 March 2003
s29 industrial dispute - Steven John Matthewson and The Egg Marketing Board Tasmania (represented by Mr John di Falco, Dep't of Primary Industry Water and Environment) - breach of award or registered agreement - whether overtime worked - whether overtime authorised - purpose of allowance - whether overtime claim can be offset against over-award payments made - recommendation
T10134 - Commissioner T.J. Abey - 10 January 2003
s29 industrial dispute - The Australian Workers' Union, Tasmania Branch and Adelaide Mushrooms Nominees trading as Tasmanian Mushrooms - alleged harsh and unreasonable conduct by the employer applying a disciplinary process to an employee - first and final warning - jurisdiction - industrial matter - jurisdiction found - denial of procedural fairness - warning misplaced on the facts - recommendation
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TE1326 - Deputy President R.J. Watling - 24 December 2003
s61J - enterprise agreement - Minister Administering the State Service Act 2000 and Australian Liquor, Hospitality and Miscellaneous Workers Union-Tasmanian Branch - Department Of Education - School Attendants Industrial Agreement 2003 - agreement approved - operative on and from 1 October 2003 - to remain in force until 30 September 2008
TE1323 - Commissioner T.J. Abey - 19 December 2003
s61J enterprise agreement - Samjack Pty Ltd and Persons employed as Full-Time Log Truck Drivers - The Samjack Enterprise Agreement 2003 - agreement approved - operative 15 December 2003 for 3 years
TE1321 - Commissioner T.J. Abey - 19 December 2003
s61J enterprise agreement - The Management Committee, The Channel Enterprise (Inc.) and Christine Gilewicz, the Part-Time Access Centre Co-ordinator - Woodbridge Online Access Centre Enterprise Agreement - agreement approved - operative 17 December 2003 for 12 months
TE1319 - Commissioner P.C. Shelley - 12 December 2003
s61J - enterprise agreement - Lifeline Hobart Inc and The full-time and part-time employees whose relevant award is the Community Services Award - Lifeline Hobart Inc Remuneration Packaging Agreement 2003 (Community Services Award Employees) - agreement approved - operative 12 December 2003 for a period of five years
TE1318 - Commissioner P.C. Shelley - 12 December 2003
s61J - enterprise agreement - Lifeline Hobart Inc. and Full and part-time employees whose relevant award is the Clerical and Administrative Employees (Private Sector) Award - Lifeline Hobart Inc Remuneration Packaging Agreement 2003 (Clerical and Administrative Employees (Private Sector) Award Employees) - agreement approved - operative 12 December 2003 for a period of five years
TE1317 - Commissioner P.C. Shelley - 12 December 2003
s61J - enterprise agreement - Lifeline Hobart Inc and The full-time and part-time Business Centre employees of Lifeline Hobart Inc - Lifeline Hobart Inc Remuneration Packaging Agreement 2003 (Business Centre) - agreement approved - operative 12 December 2003 for a period of five years
TE1316 - Deputy President R.J. Watling - 15 December 2003
s61J - enterprise agreement - Handmark Gallery Pty Ltd and Persons employed as full time, part time, book keeper and casual employees - The Handmark Gallery Enterprise Agreement 2003 - agreement approved - operative 12 November 2003 - for a period of two years
TE1315 - Commissioner T.J. Abey - 21 November 2003
s61J enterprise agreement - Peter Holman trading as North West Off Road and Duncan McCreadie and any other automotive parts and accessories sales employees - The North West Off Road (Superannuation) Enterprise Agreement 2003 - agreement approved - operative date 19 November 2003 for 5 years
TE1314 - Commissioner P.C. Shelley - 12 December 2003
s61J - enterprise agreement - Kingston Online Access Centre and Byron Drogemuller, the fulltime access centre Technical Officer - Kingston Online Access Centre (Technical Officer) Enterprise Agreement - agreement approved - operative 10 December 2003 until 27 August 2004
TE1313 - Commissioner T.J. Abey - 31 October 2003
s61 enterprise agreement - Peter Anthony trading as Joe's Takeaway and Persons employed as Takeaway Attendants - Joe's Takeaway Enterprise Agreement 2003 - agreement approved - operative 31 October 2003
TE1312 - Deputy President R.J. Watling - 18 November 2003
s61J - enterprise agreement - McLean Phillips & Bartlett and Mrs Helen Elizabeth Collins, and any other adult person employed as a casual cleaning employee - The McLean Phillips Bartlett (Casual Cleaning) Enterprise Agreement 2003 - agreement approved - operative 5 November 2003 - for a period of 3 years
TE1311 - Deputy President R.J. Watling - 20 October 2003
s61 enterprise agreement - Parkview Pty Ltd, ABN 31 617 953 673 trading as Parkview Medical Practice, and the employees employed as full-time, part-time and casual Surgery Attendants, Enrolled Nurses and Practice Manager - The Parkview Medical Practice Enterprise Agreement 2003 - agreement approved - operative 26 September 2003 for a period of three years
TE1310 - Commissioner P.C. Shelley - 2 October 2003
s61 enterprise agreement - Geeveston Online Inc and the part-time access centre Manager for Geeveston Online Access Centre Geeveston Online Access Centre Enterprise Agreement agreement approved - operative 2 October 2003 until 30 June 2006
TE1308 - Commissioner T.J. Abey - 13 October 2003
s61 enterprise agreement - Marine and Safety Authority and persons employed as full-time, part-time and casual employees other than the Chief Executive and employees seconded from another department or agency - Marine and Safety Authority Staff Enterprise Agreement 2003 - agreement approved - operative 26 August 2003 for 3 years
TE1307 - Commissioner P.C. Shelley - 26 September 2003
s61 enterprise agreement - Sexual Assault Support Service Inc. and the full-time and part-time employees of the Sexual Assault Support Service Inc. - Sexual Assault Support Service Inc. Remuneration Packaging Agreement 2003 - agreement approved - operative 25 September 2003 for a period of five years
TE1306 - Commissioner P.C. Shelley - 30 September 2003
s61 enterprise agreement - Harryh Pty Ltd and Adventure Golf (Tasmania) Pty Ltd trading as Putters Adventure Golf and employees classified in accordance with Clause 8 of the Agreement - Putters Adventure Golf Enterprise Agreement 2003 - agreement approved - operative 30 September 2003 for a period of eighteen months
TE1298 - Commissioner T.J. Abey - 5 June 2003
s61 enterprise agreement - Circular Head Business Enterprise Centre Inc. and Maree McGuinness, the Part-Time Online Access Centre Coordinator - Circular Head Business Enterprise Centre Enterprise Agreement 2003 - agreement approved - operative date 13 May 2003 for 2 years
TE1297 - Commissioner T.J. Abey - 4 June 2003
s61 enterprise agreement - The Warrawee Women's Shelter Inc. and Persons employed as Full-Time, Part-Time and Casual (Relief) Shelter Service Coordinators - The Warrawee Women's Shelter Enterprise Agreement 2003 - agreement approved - operative 19 May 2003 for 3 years
TE1296 - Commissioner P.C. Shelley - 18 June 2003
s61J - enterprise agreement - The Friends' School Incorporated and The Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch on behalf of all non-teaching staff who would otherwise be employed under the Independent Schools [Non-Teaching Staff] Award - The Friends' School [Non-Teaching Staff] Enterprise Bargaining Agreement 2003 - agreement approved - operative 1 May 2003 until 31 December 2005
TE1295 - Commissioner P.C. Shelley - 18 June 2003
s61J - enterprise agreement - The Friends School Incorporated and The Tasmanian Independent Schools Teachers Association on behalf of all persons employed as teachers by the Friends School - The Friends' School [Teachers] Enterprise Agreement 2003 - agreement approved - operative 1 May 2003 until 31 December 2005
TE1292 - Commissioner P.C. Shelley - 2 June 2003
s61 enterprise agreement - Corumbene Nurisng Home for the Aged Inc and Community and Home Care Carers, Domestics and Home and Grounds Maintenance Employees in accordance with the Corumbene Community and Home Care Program - agreement approved - operative 30 May 2003 for a period of two years
TE1294 - Commissioner T.J. Abey - 30 May 2003
s61 enterprise agreement - Buckaneers for Seafood and All Employees - Buckaneers for Seafood Enterprise Agreement 2003 - agreement approved - operative ffpp 27/5/03 for 3 years
TE1291 - Commissioner T.J. Abey - 16 May 2003
s61 enterprise agreement - Better Breathing Pty Ltd and Persons employed as Senior Sleep and Respiratory Technologist, Respiratory Technologist, Sleep Technician, Receptionist/Senior Secretary, Office Assistant, Assistant Practice Manager and Typist - Better Breathing Pty Ltd Enterprise Agreement 2003 - agreement approved - operative 1 March 2003 for 3 year
TE1289 - Commissioner T.J. Abey - 9 May 2003
s61 enterprise agreement - Queen Mary Club and Andrea Wardlaw, an employee engaged as a Manager - Queen Mary Club (Manager) Enterprise Agreement 2003 - agreement approved - operative date 9 May 2003 for 3 years
TE1288 - Commissioner T.J. Abey - 25 July 2003
s61J enterprise agreement - Kingston Online Access Centre and Byron Drogemuller, the fulltime access centre Technical Officer - Kingston Online Access Centre (Technical Officer) Enterprise Agreement - Enterprise Agreement - agreement approved - operative 24 July until 27 August 2003
TE1287 - Commissioner P.C. Shelley - 16 May 2003
s61 enterprise agreement - Kingston Online Access Centre and Amanda Oliver, the fulltime access centre Manager - Kingston Online Access Centre [Manager] Enterprise Agreement - agreement approved - operative 15 May 2003 until 15 April 2004
TE1286 - Commissioner T.J. Abey - 8 May 2003
s61 enterprise agreement - Jan and Gary Goss trading as JanGar Cleaning and Persons employed as full-time and casual JanGar Cleaning Employees - The JanGar Cleaning Enterprise Agreement 2003 - agreement approved - operative 24/4/03 to 24/10/03
TE1285 - Deputy President R.J. Watling - 2 June 2003
s61J - enterprise agreement - Family Based Care Association (Northern Region) Inc. and Persons employed as clerical and administrative employees - Family Based Care (North) Salary Sacrifice Enterprise Agreement 2002 - agreement approved - operative 30 May 2003 - for a period of five years Family Based Care (North) Salary Sacrifice Enterprise Agreement 2002.
TE1284 - Commissioner P.C. Shelley - 14 May 2003
s61 enterprise agreement - St Vincents Hospital [Launceston] Ltd and Employees in the Pastoral Care Department for whom a classification appears in Clause 7 - St Vincent's Hospital Pastoral Care Enterprise Agreement 2003 - agreement approved - operative 13 May 2003 for a period of two years
TE1283 - Commissioner T.J. Abey - 11 April 2003
s61J enterprise agreement - Kristin Gavan-Glover and Warren Glover trading as 356 Macquarie Street Foodstore and Persons employed as Cooks, Kitchen Hands and Waiting Staff - 356 Macquarie Street Foodstore Amendment Enterprise Agreement 2003 - agreement approved - operative ffpp 11/4/03 - 16/10/04
TE1282 - Deputy President R.J. Watling - 25 March 2003
s61 enterprise agreement - Relationship Counselling & Mediation Services Inc. trading as Relationships Australia, Tasmania and An Employee Committee formed to Represent Persons Employed in the Enterprise as Professional, Administrative and Operational Staff - Relationships Australia, Tasmania Permanent Employees Enterprise Agreement 2003 - agreement approved - operative date 24 March 2003 - for a period of three years
TE1281 - Commissioner P.C. Shelley - 9 April 2003
s61 enterprise agreement - Wynyard Online Access Centre Inc and Ms Bronwyn Dall, the part-time access centre co-ordinator - Wynyard Online Access Centre Inc Enterprise Agreement - agreement approved - operative 7 April 2003 until 28 January 2004
TE1280 - Deputy President R.J. Watling - 26 March 2003
s61 - enterprise agreement - Division Of General Practice Northern Tasmania Inc. and Persons employed as Level 1, Level 2 - Administrative Support, Level 3 - Program Support/Snr. Admin, Level 4 Program Officer/Coordinator (Grades 1, 2 and 3) and Level 5 - Senior Officer/Senior Program Coordinator - Division of General Practice Northern Tasmania Inc. Enterprise Bargaining Agreement 2003-2005 - agreement approved - operative 20 January 2003 - to remain in force for a period of three years
TE1279 - Deputy President R.J. Watling - 26 March 2003
s61 - enterprise agreement - North West Tasmania Division Of General Practice Inc. and Persons employed as Level 1, Level 2 - Administrative Support, Level 3 - Program Support/Snr. Admin, Level 4 Program Officer/Coordinator (Grades 1, 2 and 3) and Level 5 - Senior Officer/Senior Program Coordinator - North West Tasmania Division of General Practice Inc. Enterprise Bargaining Agreement 2003-2005 - agreement approved - operative 20 January 2003 - to remain in force for a period of three years
TE1278 - Deputy President R.J. Watling - 26 March 2003
s61 - enterprise agreement - Tasmanian Divisions Of General Practice Ltd. and Persons employed as Level 1, Level 2 - Administrative Support, Level 3 - Program Support/Snr. Admin, Level 4 Program Officer/Coordinator (Grades 1, 2 and 3) and Level 5 - Senior Officer/Senior Program Coordinator - Tasmanian Divisions of General Practice Ltd. Enterprise Bargaining Agreement 2003-2005 - agreement approved - operative 20 January 2003 - to remain in force for a period of three years
TE1277 - Deputy President R.J. Watling - 26 March 2003
s61 - enterprise agreement - Southern Tasmanian Division Of General Practice Inc. and Persons employed as Level 1, Level 2 - Administrative Support, Level 3 - Program Support/Snr. Admin, Level 4 Program Officer/Coordinator (Grades 1, 2 and 3) and Level 5 - Senior Officer/Senior Program Coordinator - Southern Tasmanian Division of General Practice Inc. Enterprise Bargaining Agreement 2003-2005 - agreement approved - operative 20 January 2003 - to remain in force for a period of three years
TE1276 - Commissioner T.J. Abey - 20 February 2003
s61 enterprise agreement - Gog Range Retreat Inc. and Persons Employed as Full-Time or Part-Time Carers - The Gog Range Retreat Enterprise Agreement - agreement approved - operative ffpp 19 February 2003 for a period of 3 years
TE1275 - Deputy President R.J. Watling - 11 February 2003
s61 enterprise agreement - Christian Schools Tasmania, ACN 009 481 485 and Persons employed by the employer within the scope of the Independent Schools (Non Teaching Staff) Award - classification Groups A to K - Christian Schools Tasmania (Non-Teaching Staff) Enterprise Bargaining Agreement 2003 - agreement approved - operative 15 January 2003 - to remain in force until 31 December 2005
TE1274 - Commissioner P.C. Shelley - 19 February 2003
s61 enterprise agreement - Mary's Grange Inc and Employees Providing Personal and Home Based Care - Mary's Grange Aged Support Services Agreement 2002 - agreement approved - operative 19/02/03 for a period of three years
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TR478 - Acting Registrar A.T. Mahoney - 22 July 2003
s63 registration - The Association of Independent Schools of Tasmania Incorporated - Registration as an organisation of employers - Application approved effective from 22 July 2003
TR476 and TR477 - Acting Registrar A.T. Mahoney - 19 June 2003
s63 registration - National Union of Workers
(Central Branch) (TR476 of 2003)
s63 cancellation of registration - National Union of Workers, Tasmanian Branch (TR477 of 2003) - application by an organisation for registration as an organisation of employees - registration granted with effect from 19 June 2003 - Registration of disbanded organisation cancelled from same date
TR475 - Acting Registrar A.T. Mahoney - 5 March 2003
s63 registration - Tasmanian Union of Professional and Clerical Officers in Education - application by an organisation for registration as an organisation of employees - registration granted with effect from 5 March 2003