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2007 Decisions

T13060 - Commissioner JP McAlpine - 13 December 2007
s55 industrial agreement - Health Services Union of Australia, Tasmania No. 1 Branch and Minister Administering the State Service Act 2000 - Tasmanian Ambulance Service Agreement 2007 - agreement approved - operative ffpp 13 December 2007 - to remain in force until 31 December 2008 - forwarded to Registrar for registration

T13058 - Deputy President PC Shelley - 21 December 2007
s23 award variation - The Minister administering the State Service Act 2000 - Community and Health Services (Public Sector) Award - parental leave - consent matter - application granted - award varied - operative date 1/1/08
Transcript

T13057 - Deputy President PC Shelley - 21 December 2007
s23 award variation - The Minister administering the State Service Act 2000 - General Conditions of Employment Award - parental leave - consent matter - application granted - award varied - operative date 1/1/08
Transcript

T13055 - Deputy President PC Shelley - 13 December 2007
s23 award variation - The Minister administering the State Service Act 2000 - Tourism Tasmania Award - definitions - consent matters - application granted - award varied and consolidated - operative date 13/12/07
Transcript - 5 December
Transcript - 13 December

T13053 - Commissioner TJ Abey - 5 December 2007
s23 award variation - Minister administering the State Service Act 2000 - Operational Employees Award - variation to salaries for apprentices - addition of adult apprentice provisions - extension of range of qualifications - insertion of relevant qualifications from national framework - consent application - operative date ffpp 1 December 2007
Transcript

T13049, T13051 and T13052 - Commissioner TJ Abey - 4 December 2007
s55 industrial agreements - T13049 - Speaker of the House of Assembly, The Community and Public Sector Union (State Public Services Federation Tasmania) Inc. - House of Assembly Staff Industrial Agreement 2007
T13051 - President of the Legislative Council, Speaker of the House of Assembly, The Community and Public Sector Union (State Public Services Federation Tasmania) Inc. - Legislature-General Staff Industrial Agreement 2007
T13052 of 2007 - President of the Legislative Council, The Community and Public Sector Union (State Public Services Federation Tasmania) Inc. - Legislative Council Staff Industrial Agreement 2007 - applications approved - operative date 3/12/07 - forwarded to Registrar for registration

T13046 - Deputy President PC Shelley - 13 December 2007
s23 award variation - The Minister administering the State Service Act 2000 - Community and Health Services (Public Sector) Award - supported wage - consent matter - application granted - award varied - operative date ffpp 5/12/07
Transcript

T13045 - Deputy President PC Shelley - 13 December 2007
s23 award variation - The Minister administering the State Service Act 2000 - Community General Conditions of Employment Award - supported wage - consent matter - application granted - award varied - operative date ffpp 5/12/07
Transcript

T13040 - Deputy President PC Shelley - 12 December 2007
s55 industrial agreement - Health Services Union of Australia, Tasmania No. 1 Branch Northern Residential Support Group Inc. - Northern Residential Support Group Inc. (Salary Packaging) Industrial Agreement 2007 - agreement approved - operative 10 December 2007 - to remain in force for a period of 12 months - forwarded to the Registrar for registration

T13035 - Commissioner JP McAlpine - 1 November 2007
s55 industrial agreement - Nexus Inc and the Health Services Union of Australia, Tasmania No. 1 Branch - Nexus Inc. (Employment Conditions) Industrial Agreement 2007 - agreement approved - operative ffpp 1 July 2007 - to remain in force for a period of 12 months - forwarded to Registrar for registration

T13029 - Deputy President PC Shelley - 20 December 2007
s23 award variation - The Community and Public Sector Union (State Public Services Federation Tasmania) Inc. - General Conditions of Employment Award and Community and Health Services Award - location allowances - retrospectivity - award varied - operative date ffpp 15 July 2007
Transcript

T13024 - Commissioner JP McAlpine - 13 November 2007
s29 industrial dispute - Lee-Anne Burles and Judith Byrne As Trustee for the Dale Byrne Family Trust T/as Sparky's Speciality Bakery - alleged breach of award or registered agreement - order issued

T13023 - Commissioner JP McAlpine - 22 October 2007
s55 industrial agreement - Karinya Young Womyn's Service Inc. and the Australian Municipal, Administrative, Clerical and Services Union - Australian Services Union - Karinya Young Womyn's Salary Packaging Agreement 2007 - agreement approved - operative 16 September 2007 - to remain in force for a period of 3 years - forwarded to Registrar for registration

T13017 - Commissioner JP McAlpine - 6 December 2007
s29 industrial dispute - Kerri-Lee Kelly and Adel Gergios trading as Split Image Clothing - severance pay in respect of termination of employment as a result of redundancy - alleged breach of award or registered agreement - Order issued

T13013 - Commissioner TJ Abey - 5 December 2007
s29 industrial dispute - Australian Municipal, Administrative, Clerical and Services Union and Women's Karadi Aboriginal Corporation - termination of employment - serious misconduct - application dismissed

T13012 - Commissioner JP McAlpine - 10 October 2007
s29 industrial dispute - Angela Clarke and D. & S. Investments Pty. Ltd. for the Pickett Family Trust trading as Bakers Dozen - termination of employment - application amended - threshold matter - jurisdiction - constitutional corporation - application dismissed

T13008 - Commissioner TJ Abey - 11 October 2007
s29 industrial dispute - Susan Marion Dale and The Community and Public Sector Union (State Public Services Federation Tasmania) Inc. - alleged unfair termination of employment - redundancy - whether genuine or a sham - redundancy found to be genuine - no unfair termination - offer of reasonable alternative employment - notice - redundancy payment - order issued

T13007 - Deputy President PC Shelley - 15 August 2007
s55 industrial agreement - Minister administering the State Service Act 2000 (Department of Premier and Cabinet), The Community and Public Sector Union (State Public Services Federation Tasmania) Inc. - The Macquarie Island Conditions of Service Agreement 2007 - agreement approved - operative 15 August 2007 for a period of three years - forwarded to the Registrar for registration

T13006 - Commissioner JP McAlpine - 29 August 2007
s32 rescission - Minister administering the State Service Act 2000 - Hobart Regional Water Board Staff Award - operative 29 August 2007

T12999 - Commissioner JP McAlpine - 10 October 2007
s29 industrial dispute - 
Construction, Forestry, Mining and Energy Union, Tasmanian Branch and Skilled Group Limited - alleged breach of the Zinifex Hobart Smelter Enterprise Award - threshold issue - matter set down for hearing

T12987 - President PL Leary - 26 July 2007
s55 industrial agreement - Minister administering the State Service Act 2000 and Association of Professional Engineers, Scientists and Managers, Australia; Australian Education Union, Tasmanian Branch; Liquor, Hospitality and Miscellaneous Union, Tasmanian Branch; Australian Municipal, Administrative, Clerical & Services Union; Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union; Community and Public Sector Union (State Public Services Federation Tasmania) Inc; Health Services Union of Australia, Tasmania No 1 Branch; The Australian Workers' Union, Tasmania Branch - Public Sector Unions Wages Agreement 2007 - application approved - operative from date of registration until 31 December 2007 - forwarded to Registrar for registration

T12984 - Commissioner TJ Abey - 9 July 2007
s23 award variation - Police Association of Tasmania - Police Award - expense related allowances - motor vehicle expense allowance - transfer expenses - meal and incidentals allowance - name change - specialist capability group - approved - operative date 4 July 2007
Transcript

T12979 - Commissioner JP McAlpine - 29 August 2007
s29 industrial dispute - Sarah Jane Walker and Fourways Nominees Pty Ltd - termination of employment - constitutional corporation - application dismissed

T12966 - Commissioner TJ Abey - 14 June 2007
s55 industrial agreement - Minister administering the State Service Act 2000 and The Community and Public Sector Union (State Public Services Federation Tasmania) Inc. - Department of Police and Emergency Management Forensic Scientists Industrial Agreement 2007 - application approved - operative date 14 June 2007 to - 3 September 2008 - forwarded to Registrar for registration

T12965 - Commissioner TJ Abey - 14 June 2007
s55 industrial agreement - Minister administering the State Service Act 2000 and The Community and Public Sector Union (State Public Services Federation Tasmania) Inc. and Liquor, Hospitality and Miscellaneous Union-Tasmanian Branch - Tasmanian Prison Service Correctional Allowance Agreement 2007 - application approved - operative date 1 July 2005 for 3 years - forwarded to Registrar for registration

T12962 - Commissioner JP McAlpine - 25 July 2007
s29 industrial dispute - Emma Kate Ackerley and Lyell District Ex-Servicemen's Club Inc. - termination of employment - jurisdiction - constitutional corporation - application dismissed

T12942 - Commissioner JP McAlpine - 6 September 2007
s29 industrial dispute - Robert Francis Gaffney and Minister administering the State Service Act 2000 (Department of Primary Industries and Water) - termination of employment - Order issue

T12941 - Commissioner JP McAlpine - 18 July 2007
s29 industrial dispute - Mohammed El-Said and Lyell District Ex-Servicemen's Club Inc. - termination of employment - long service leave - jurisdiction - constitutional corporation - application dismissed

T12935 - Deputy President PC Shelley - 4 October 2007
s29 industrial dispute - Adam Anthony Wisby and Grower's Choice - unfair dismissal - warnings - order issued

T12933 - President PL Leary - 1 August 2007
s55 Industrial agreement - Tasmanian Fire Fighting Industry Employees' Enterprise Bargaining Agreement 2007 - United Firefighters Union of Tasmania and the Minister administering the State Service Act 2000 - application approved - operative date 30 May 2007 to 30 June 2007 - forwarded to the Registrar for registration

T12932 - President PL Leary - 1 August 2007
s23 making of an award
s62 employer award interest
s63 employee award interest
United Firefighters Union of Tasmania - Tasmanian Fire Fighting Industry Employees Award - application approved - operative date ffpp 30 May 2007
Transcript

T12926 - Commissioner TJ Abey - 9 May 2007
s55 industrial agreement - G P Assist (Tasmania) and Australian Nursing Federation Tasmanian Branch - G P Assist (Tasmania) Nurses Enterprise Agreement 2006 - application approved - operative date 8 May 2007 - forwarded to Registrar for registration

T12922 - Deputy President PC Shelley - 27 August 2007
s29 industrial dispute - The Minister administering the State Service Act 2000 and The Community and Public Sector Union (State Public Services Federation Tasmania) Inc. and
Liquor, Hospitality and Miscellaneous Union-Tasmanian Branch - changes to roster sought - 12 hour shifts - powers of Commission - public interest - management prerogative - no extra claims - order issued

T12918 - Deputy President PC Shelley - 27 April 2007
s23 award variation - The Minister for Justice and Workplace Relations - Plumbers Award, Electrical Engineers Award, Dentists Award, Horticulturists Award - apprentice provisions - consent matter - application granted - award varied - operative date ffpp 26/4/07
Transcript

T12917 - Commissioner TJ Abey - 19 April 2007
s55 industrial agreement - Australian Education Union, Tasmanian Branch and Minister administering the State Service Act 2000 - The Adult Education Agreement 2007 - application approved – operative date 21 March 2007 – 30 June 2008 – forwarded to Registrar for registration

T12910 - Commissioner TJ Abey - 12 July 2007
s29 industrial dispute - Police Association of Tasmania and Commissioner of Police - alleged breach of award - travel to overseas location - claim for overtime - principles identified - award silent - no breach detected - claim found to have merit - recommendation

T12906 - Commissioner TJ Abey - 19 March 2007
s55 industrial agreement - Minister administering the State Service Act 2000 and Liquor, Hospitality and Miscellaneous Union-Tasmanian Branch and Ms Anne Reid - Rosny College Canteen Supervisor Industrial Agreement 2006 - application approved - operative date 16 November 2006 - forwarded to Registrar for registration

T12899 - Commissioner JP McAlpine - 13 March 2007
s23 award variation - Tasmanian Chamber of Commerce and Industry Limited - National Training Wage (Tasmanian Private Sector) Award -
application amended - conditions: school-based apprenticeships - application granted - operative date 9 November 2006
Transcript

T12890 - Deputy President PC Shelley - 28 February 2007
s55 industrial agreement - Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Williams Electrical Pty Ltd Contracting Enterprise Agreement - agreement approved - operative 19/12/06 - to remain in force until such time as the parties reach agreement of a replacement enterprise agreement - forwarded to the Registrar for registration

T12889 - Commissioner JP McAlpine - 20 February 2007
s59 variation of industrial agreement - Australian Education Union, Tasmanian Branch and Minister administering the State Service Act 2000 - Teaching Service (Tasmanian Public Sector) Salaries and Conditions of Employment Agreement 2005 - Variation of registered industrial agreement T12223 of 2005 - application approved - operative on and from 22 February 2007

T12881 - Commissioner JP McAlpine - 13 February 2007
s55 industrial agreement - Australian Municipal, Administrative, Clerical and Services Union and The Launceston Womens Shelter Inc. - Australian Services Union Launceston Womens Shelter Salary Packaging Agreement, 2007 - Filing of agreement - agreement approved - operative ffpp 8 February 2007 - to remain in force for a period of 3 years - forwarded to Registrar for registration

T12880 - Commissioner TJ Abey - 25 January 2007
s29 industrial dispute - Community and Public Sector Union
(State Public Services Federation Tasmania) Inc & Health Services Union of Australia, Tasmania No 1 Branch
(T12880 of 2007) and Minister administering the State Service Act 2000 - Recommendation

T12866 - Commissioner JP McAlpine - 14 May 2007
s29 industrial dispute - Adam Leigh Breadmore and John and Colette - termination of employment - breach of award - Order issued

T12864 - Commissioner JP McAlpine - 3 January 2007
s23 award variation - Minister administering the State Service Act 2000 - Tasmanian State Service National Training Wage Award - School Based Traineeships - consent application - application approved - operative date ffpp 3 January 2007
Transcript

T12863 - Commissioner TJ Abey - 10 January 2007
s55 industrial agreement - Minister administering the State Service Act 2000 and Health Services Union of Australia, Tasmania No. 1 Branch - Tasmanian Ambulance Service Patient Extrication (Preservation of Entitlements) Agreement 2006 - application approved - operative date 16 August 2006 - 3 years - forwarded to Registrar for registration

T12816 - Commissioner TJ Abey - 9 January 2007
s29 industrial dispute - Rachelle Jane Hornsby and PWB - LET Services Partnership No 2 - severance pay in respect of termination of employment as a result of redundancy - entitlement to redundancy payment - order issued

T12814 - Commissioner JP McAlpine - 15 February 2007
s29 industrial dispute - Cheryl Adele Snowball and Minister Administering the State Service Act 2000 (Department of Premier and Cabinet, Telecommunications Management Division) - alleged breach of award or registered agreement - application dismissed

T12722 - Commissioner TJ Abey - 19 January 2007
s29 industrial dispute - Erica Evelyn Short-Maynard and Tasmanian Aboriginal Land and Sea Council - termination of employment - alleged breach of an award - contract of employment - application found not to be 'out of time' - constructive dismissal - unfair termination - order issued

T12613 - Commissioner TJ Abey - 24 January 2007
s29 industrial dispute - Health Services Union of Australia, Tasmania No 1 Branch and D G Lewis Pty Ltd - alleged breach of the Community Services Award - Award coverage - classification level - Community Service Employee Level 2B applies - order issued

T12326 to T12340 - Deputy President PC Shelley - 27 June 2007
s29 industrial dispute - National Union of Workers (Central Branch) Damien Lee Lane (T12326 of 2005), Natasha Anne Jarman (T12327 of 2005), Lesley Jones (T12328 of 2005), Karina Munting (T12329 of 2005), Jake William Nevell (T12330 of 2005), Natasha Denman (T12331 of 2005), Raymond Thomas Short (T12332 of 2005), Kylie Simons (T12333 of 2005), Amy Meddings-Blaskett (T12334 of 2005), Andrew Viney (T12335 of 2005), Katrina Davis (T12336 of 2005), Matthew Vanderheide (T12337 of 2005), Michael James Beames (T12338 of 2005), Taryn Jane Moylan (T12339 of 2005), Brett Matthew Freeman (T12340 of 2005) - the alleged breach of an award or a registered agreement - Re-opening of files

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TE1452 - Deputy President PC Shelley - 20 December 2007
s61J enterprise agreement - Kelvin and Rebecca Leah Davis
trading as Shaker's and All employees of the employer - Shaker's Enterprise Agreement 2007-2010 - agreement approved - operative 17/12/07 for a period of three years

TE1451 - Commissioner JP McAlpine - 24 September 2007
s61J enterprise agreement - MC & TP Harris trading as Neo Tech Engineering and Persons employed as Engineering Technician, Engineering Tradesperson Special Class, Engineering Tradesperson, Engineering/Production Employees and Admin/Clerical Employees - Levels C8 to C14 - Neo Tech Engineering Enterprise Agreement 2007 - agreement approved - operative ffpp 20 September 2007 - to remain in force for a period of 5 years

TE1450 - Commissioner TJ Abey - 14 September 2007
s61J enterprise agreement - Ouse Online Community Access Centre Incorporated and Persons employed as Part-time Access Centre Co-ordinators - Ouse Online Community Access Centre Enterprise Agreement - agreement approved - operative 1 September 2007 - until 31 August 2008

TE1449 - Commissioner JP McAlpine - 18 January 2007
s61J enterprise agreement - Retirement Tasmania and Persons employed as Administration Staff, Practice Manager, Para-planners, Financial Planners - The Retirement Tasmania Enterprise Agreement 2006 - agreement approved - operative 1 December 2006 - to remain in force for a period of 3 years