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2010 Decisions

T13746 - Commissioner JP McAlpine - 23 December 2010
s55 industrial agreement - Nurses and Midwives Heads of Agreement 2010 - Minister Administering the State Service Act 2000 and Australian Nursing Federation Tasmanian Branch - approved - operative on and from ffpp 1 December 2010 - to remain in force until 31 March 2011 or until a replacement agreement is registered with the Commission - forwarded to the Registrar for registration 

T13745 - Commissioner JP McAlpine - 22 December 2010
s23 award variation - The Minister administering the State Service Act 2000 - Legal Practitioners and Apprentice-at-Law Award - renamed Legal Practitioners Award - award review process - application approved - consent application - operative date 22 December 2010 - first salary increase from 1 October 2010
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T13744 - Commissioner JP McAlpine - 22 December 2010
s55 industrial agreement - Minister Administering the State Service Act 2000 and The Community and Public Sector Union (State Public Services Federation Tasmania) Inc. - Legal Practitioners Agreement 2010 - agreement approved - operative 22 December 2010 – to remain in force until 31 July 2013 - forwarded to the Registrar for registration

T13743 - Commissioner JP McAlpine - 21 December 2010
s59 variation to industrial agreement - Minister Administering the State Service Act 2000 and Australian Education Union, Tasmanian Branch - Teaching Service (Tasmanian Public Sector) Salaries and Conditions of Employment Agreement 2008 - variations - approved - operative 1 January 2011 - forwarded to the Registrar for registration

T13742 - Commissioner JP McAlpine - 21 December 2010
s23 award variation - The Minister administering the State Service Act 2000 - Teaching Service (Tasmanian Public Sector) Award - definitions - variations approved - operative date 1 January 2011
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T13740 - Deputy President TJ Abey - 21 December 2010
s32 award rescission - The Minister for Workplace Relations - North West Water Authority Enterprise Award - rescinded 21 December 2010

T13738 and T13739 - Deputy President TJ Abey - 21 December 2010
s32 award rescission - Inland Fisheries Commission Award - rescinded 15 January 2011
s23 award variation - Tasmanian State Service Award - new Appendix 13 - Inland Fisheries Service - operative date 15 January 2011
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T13735 - Commissioner JP McAlpine - 21 December 2010
s59 variation to industrial agreement - Minister Administering the State Service Act 2000 and Australian Education Union, Tasmanian Branch - Post Year 10 Teaching Staff Industrial Agreement 2009 - variations - approved - operative 1 January 2011 - to remain in force until 20 October 2011

T13734 - Commissioner JP McAlpine - 22 December 2010
s23 award variation - The Minister administering the State Service Act 2000 - Post Year 10 Teaching Staff Award - renamed Polytechnic and Skills Institute Teaching Staff Award - references within award changed to reflect name change - award consolidated
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T13730 - Deputy President TJ Abey - 7 December 2010
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 - relocation of maximum security inmates to Risdon Prison Complex - jurisdiction - OH&S issues - recommendations and order issued

T13729 - Deputy President TJ Abey - 9 December 2010
s55 industrial agreement - Minister administering the State Service Act 2000 and Australian Nursing Federation Tasmanian Branch and Health Services Union of Australia, Tasmania No. 1 Branch - Midwifery Group Practice at Mersey Community Hospital Agreement - application approved - operative date 9 December 2010 until 30 September 2011 - forwarded to Registrar for registration

T13724 - Commissioner JP McAlpine - 19 November 2010
s59 variation to industrial agreement - Liquor, Hospitality and Miscellaneous Union-Tasmanian Branch - Education Facility Attendant Salaries and Conditions of Employment Industrial Agreement 2008 - variation - approved - forwarded to the Registrar for registration

T13704 - Commissioner JP McAlpine - 10 September 2010
s23 award variation - The Minister administering the State Service Act 2000 - Health and Human Services (Tasmanian State Service) Award - new Appendix 11 - Dental Officers - application granted - operative date 10/9/10 - new salary rates to apply fffpp on or after 1 December 2009
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T13703 - Commissioner JP McAlpine - 10 September 2010
s32 award rescission - The Minister administering the State Service Act 2000 - Dental Employees Award - rescission of award - rescinded 10 September 2010  

T13698 - Deputy President TJ Abey - 11 August 2010
s23 award variation - The Minister administering the State Service Act 2000 - AWU (Tasmanian State Sector) Award - expense allowances - consent order issued - operative date ffpp 10 August 2010
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T13697 - Deputy President TJ Abey - 11 August 2010
s23 award variation - The Minister administering the State Service Act 2000 - Port Arthur Authority Award - expense allowances - order issued - operative date ffpp on or after 10 August 2010
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T13694 - Deputy President TJ Abey - 1 November 2010
s29 industrial dispute - Police Association of Tasmania and The Commissioner of Police - alleged breach of award - overtime for specialist squad training days - 'deeming' of training activity - 1988 Second Tier Agreement - Custom and Practice - parties directed to confer

T13688 and T13689 - Deputy President TJ Abey - 21 July 2010
s23 award variation - The Minister administering the State Service Act 2000 - Tasmanian State Service Award and the Health and Human Services (Tasmanian State Service) Award - expense allowances - consent orders issued
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T13687 - Deputy President TJ Abey - 20 July 2010
s29 industrial dispute - The Community and Public Sector Union (State Public Services Federation Tasmania) Inc. and The Minister administering the State Service Act 2000 - conditions of employment - fair bargaining - directions issued

T13686 - Deputy President TJ Abey - 3 September 2010
s29 industrial dispute - Simon Freestone and the Minister administering the State Service Act 2000 - termination of employment - breach of State Service Code of Conduct - found sanction disproportionate to admitted behaviour - order issued - re-employment

T13685 - Deputy President TJ Abey - 13 July 2010
s23 award variation - Australian Education Union, Tasmanian Branch - Post Year 10 Teaching Staff Award - expense related allowance - award varied - consent order issued - operative date ffpp 13/7/10
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T13684 - Deputy President TJ Abey - 13 July 2010
s23 award variation - Australian Education Union, Tasmanian Branch - Teaching Service (Tasmanian Public Sector) Award - expense related allowance - award varied - consent order issued - operate date ffpp 13/7/10
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T13673 - Deputy President TJ Abey - 21 June 2010
s23 award variation - Police Association of Tasmania - Police Award - expense-related allowances - consent order issued - operative date 18/6/10
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T13670 - Commissioner JP McAlpine - 22 June 2010
s63 award interest - United Firefighters Union of Australia, Tasmania Branch - Tasmanian Fire Fighting Industry Employees Award - interest granted - operative date 18 June 2010 - award varied - forwarded to Registrar
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T13667 - Deputy President TJ Abey - 30 April 2010
s29 industrial dispute - The Minister administering the State Service Act 2000 and Australian Education Union - threatened and impending moratorium on NAPLAN testing - order issued

T13665 and T13666 - Commissioner JP McAlpine - 7 July 2010
s29 industrial dispute - Australian Education Union, Tasmanian Branch and Minister Administering the State Service Act 2000 (Tasmanian Polytechnic and Tasmanian Academy) - breach of award - application dismissed

T13660 - Commissioner JP McAlpine - 24 September 2010
s29 industrial dispute - Community and Public Sector Union (State Public Services Federation Tasmania) Inc. and Minister administering the State Service Act 2000 (Department of Police and Emergency Management) - mode terms and conditions of employment of Mr Tim Welch altered – period of salary maintenance challenged - application dismissed

T13659 - Deputy President TJ Abey - 8 April 2010
s55 industrial agreement - Minister administering the State Service Act 2000 and Health Services Union of Australia, Tasmania No. 1 Branch - Ambulance Tasmania Agreement 2010 - application approved - operative date 8 April 2010 until 30 November 2012 - forwarded to Registrar for registration

T13649 - Commissioner JP McAlpine - 23 February 2010
s29 industrial dispute - the Minister administering the State Service Act 2000 and Australian Education Union, Tasmanian Branch - industrial dispute - stopwork meetings - statement issued

T13648 - Deputy President TJ Abey - 1 March 2010
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 Treasury and Finance Compliance Inspectors Agreement 2010 - application approved operative date ffpp 1 March 2010 until ffpp 1 June 2011 forwarded to Registrar for registration

T13647 - Deputy President TJ Abey - 1 March 2010
s55 industrial agreement - Minister administering the State Service Act 2000 and The Community and Public Sector Union (State Public Services Federation Tasmania) Inc. and The Health Services Union of Australia, Tasmania No. 1 Branch and The Australian Education Union, Tasmanian Branch - Allied Health Professionals (Tasmanian Public Sector) Industrial Agreement 2010 - application approved - operative date 1/3/10 until 28/2/12 - forwarded to Registrar for registration

T13634 - Deputy President TJ Abey - 16 March 2010
s29 industrial dispute - Geoffry George Harrison and Simon Ansell Skilled Mowing - industrial dispute - termination of employment - employee or contractor - application dismissed

T13631 - Deputy President TJ Abey - 21 May 2010
s29 industrial dispute - Greg Tredinnick and The Royal Society for Prevention of Cruelty to Animals (Tasmania) Inc - termination of employment - valid reason for termination - procedural fairness not afforded - termination was unfair - irretrievable breakdown in employment relationship - order issued

T13629 - Deputy President TJ Abey - 30 April 2010
s29 industrial dispute - Imre Marc Toldi and Y L Keane and H Tas, proprietors of Yvettes Café and Restaurant trading as Coffee on Main - termination of employment - breach of award - order issued

T13615 - Commissioner JP McAlpine - 17 November 2010
s32 rescission of award - Minister administering the State Service Act 2000 - Tasmanian Museum and Art Gallery Award - award rescinded - operative 17 November 2010

T13582 - Commissioner JP McAlpine - 29 March 2010
s29 industrial dispute - Jason Neil Hall and David and Lisa Sullivan trading as D & L Cleaning Services - breach of an award - termination of employment - order issued

T13581 - Deputy President TJ Abey - 9 March 2010
s29 industrial dispute - Police Association of Tasmania and Commissioner of Police - alleged breach of award - transfer - property purchase expenses - findings and recommendations issued

T13529 - Commissioner JP McAlpine - 17 December 2010
s29 industrial dispute - Community and Public Sector Union (State Public Services Federation Tasmania) Inc and Health Services Union of Australia, Tasmania No 1 Branch and Minister administering the State Service Act 2000 (Department of Health and Human Services) - translation review - Customer Service Officers employed in Medical Records - application dismissed

T13528 - Deputy President TJ Abey - 24 June 2010
s29 industrial dispute - Liquor, Hospitality and Miscellaneous Union- Tasmanian Branch and Queenstown RSL Sub Branch and Club - industrial dispute - entitlement to long service leave - commencement date - minimum hourly requirement for casual employee - continuity of service - order issued

T13528 - Deputy President TJ Abey - 19 March 2010
s29 industrial dispute - Liquor, Hospitality and Miscellaneous Union-Tasmanian Branch and Queenstown RSL Sub Branch - long service leave - directions issued

T13526 - Deputy President TJ Abey - 27 July 2010
s29 industrial dispute - Samuel Maurice Reid and The Minister administering the State Service Act 2000 - translation review - team leader - primacy of Statement of Duties - Best Fit - Band 3 confirmed - order issued

T13497 - Commissioner TJ Abey - 25 January 2010
s29 industrial dispute - David Alan Wanless  and the Wilderness Society Inc. - industrial dispute - termination of employment - valid delegation of power to dismiss - no valid reason for summary dismissal - procedural fairness not afforded - practicability of reinstatement - order issued

T13488 - Commissioner JP McAlpine - 28 January 2010
s29 industrial dispute - Community and Public Sector Union (State Public Services Federation Tasmania) Inc. and Minister administering the State Service Act 2000 (Department of Education - Community Knowledge Network) - alleged breach of Tasmanian State Service Award - application dismissed

T13435 - Deputy President PC Shelley - 19 January 2010
s29 industrial dispute - Glenn E Gibson and The Minister administering the State Service Act 2000 - translation process - new award - classification descriptors - best fit - order issued - DECISION APPEALED - Appeal upheld by majority decision - Decision revoked - DECISION SUBJECT TO SUPREME COURT PROCEEDINGS - In a judgment issued on 2 October 2013 Blow CJ dismissed the application - The Full Bench decision in T13644 did not dispose of T13435, which therefore remained extant - In Matter T14113 of 2013 the parties agreed that the appropriate way forward was to reconstitute the Full Bench in T13644 in order to dispose of the matter - This process could be by either a single Commissioner (s71(13)(c)) or the Full Bench (s71(13)(b - The parties further agreed that there was no barrier to President Abey being a member of the bench, notwithstanding that he was a (dissenting) member of the previous Full Bench - The President, pursuant to s15(f) of the IR Act has determined that the reconstituted Full Bench in T13644 will be Abey P, Wells DP and Deegan C. - The reconstituted Full Bench determines that it will consider the merits of T13435 as a Full Bench pursuant to s71(13)(b) - The matter will be considered and determined on the material before Deputy President Shelley and it is unlikely that there will be a need for further hearing.

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TR486 - Registrar AT Mahoney - 24 June 2010
s68 cancellation of registration - United Firefighters Union of Tasmania - Cancellation of registration of the United Firefighters Union of Tasmania as an organization of employees

TR485 - Registrar AT Mahoney - 21 May 2010
Part V - registration of organizations - United Firefighters Union of Australia Tasmania Branch - application to change name and alter rules of an organisation by substitution of a new set of rules - new rules relate to an organization registered under Commonwealth Act - registration of applicant as a new organisation of employees