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2011 Decisions

 

T13854 - Deputy President Tim Abey - 22 November 2011
s29 industrial dispute - Minister administering the State Service Act 2000 and Health Services Union of Australia, Tasmania No. 1 Branch - implementation of bans against Tasmanian Ambulance Service and limitation of duties – order by consent issued

T13853 - Commissioner JP McAlpine - 7 December 2011
s23 award variation - Minister administering the State Service Act 2000 - Health and Human Services (Tasmanian State Service) Award - Appendix 11 - Dental Officers - vary introductory paragraph - consent order issued - operative date 6/12/11

T13843 - Deputy President Tim Abey - 25 October 2011
s29 industrial dispute - Yvonne Reed and Minister administering the State Service Act 2000/Department of Health and Human Services/Royal Hobart Hospital - Parental Leave entitlement - recommendation

T13842 - Commissioner JP McAlpine - 1 November 2011
s23 award variation - Minister administering the State Service Act 2000 - Tasmanian State Service Award, Teaching Service (Tasmanian Public Sector) Award and the Nurses (Tasmanian Public Sector) Award - application amended at hearing - insert into Parental Leave Clause a new subclause 'Keeping in touch day' - consent orders issued - operative date 31/10/11

T13840 - Commissioner JP McAlpine - 1 November 2011
s55 industrial agreement - Minister administering the State Service Act 2000 and Australian Education Union, Tasmanian Branch - Department of Education Teacher Transfer Industrial Agreement 2011 - agreement approved – operative date 1 July 2011 until 30 June 2012 – forwarded to Registrar for registration 

T13841 - Commissioner JP McAlpine - 1 November 2011
s23 award variation - Minister administering the State Service Act 2000 - Health and Human Services (Tasmanian State Dervice) Award - Contract of Employment Clause - insert into Parental Leave Clause a new subclause 'Keeping in touch day' - consent orders issued - operative date 31/10/11

T13836 - Commissioner JP McAlpine - 1 November 2011
s23 award variation - Australian Education Union, Tasmanian Branch - Teaching Service (Tasmanian Public Sector) Award - special allowance - consent order issued - operative date ffpp on or after 31/10/11   

T13832 -  Deputy President Tim Abey - 7 October 2011 
s23 award variation - Minister administering the State Service Act 2000 - Health and Human Services (Tasmanian State Service) Award - Appendix 11 - Dental Officers - new clause motor vehicle entitlements - order issued - operative date ffpp on or after 4 October 2011 

T13831 - Deputy President Tim Abey - 7 October 2011 
s23 award variation - Minister administering the State Service Act 2000 - Nurses (Tasmanian Public Sector) Award - consolidation - allowances updated - new allowances - clauses re-drafted - consent application - award varied ffpp on or after 4 October 2011

T13827 - Deputy President Tim Abey - 10 November 2011
s29 industrial dispute - Mr H and Minister administering the State Service Act 2000/Department of Education - a dispute in relation to termination of employment - extension of time - exceptional circumstances - application for an extension of time granted

T13810 -  Commissioner JP McAlpine - 31 August 2011
s23 award variation - 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
Transcript

T13809 - Commissioner JP McAlpine - 31 August 2011
s23 award variation - Minister administering the State Service Act 2000 - Tasmanian State Service National Training Wage Award - wage rates - operative date ffpp on or after 1/8/11 – consent orders issued
Transcript

T13807 - Commissioner JP McAlpine - 05 August 2011
s59 agreement variation - Minister administering the State Service Act 2000 and Community and Public Sector Union (SPSFT) Inc. - Legal Practitioners Agreement 2010 - consent application - application approved - operative date ffpp on or after 4 August 2011

T13799 - Deputy President Tim Abey - 26 September 2011
s29 industrial dispute - Police Association of Tasmania and Commissioner of Police - Property Purchase Expenses - criteria not met - application for order declined

T13787 - Deputy President Tim Abey - 29 June 2011
s23 award variation - Police Association of Tasmania - Police Award - expense-related and transfer allowances - operative date 29/6/11 - consent order issued - award consolidated
Transcript

T13782 - Commissioner JP McAlpine - 22 June 2011
s23 award variation - Minister administering the State Service Act 2000 - Tasmanian State Service National Training Wage Award - wage rates - operative date ffpp on or after 1/8/10 - consent order issued - award consolidated
Transcript

T13779 - Commissioner JP McAlpine - 27 May 2011
s55 industrial agreement - Minister administering the State Service Act 2000 and United Firefighters Union of Australia, Tasmania Branch - Tasmanian Fire Service (TasFire Equipment) Industrial Agreement 2010 - agreement approved - operative date 1 July 2010 until 30 June 2013 - forwarded to Registrar for registration

T13775 - Deputy President Tim Abey - 1 August 2011
s29 industrial dispute - Margaret Howell and Minister administering the State Service Act 2000 (Department of Health and Human Services) - a dispute in relation to termination of employment - ability to efficiently and effectively perform duties - valid reason for dismissal - likely change in medical circumstances - dismissal found to be unfair - s47 redeployment not applicable - reinstatement - order issued

T13774 - Commissioner JP McAlpine - 27 May 2011
s55 industrial agreement - Minister administering the State Service Act 2000 and United Firefighters Union of Australia, Tasmania Branch - Tasmanian Fire Fighting Industry Employees' Industrial Agreement 2007 - agreement approved - operative date 1 July 2010 until 30 June 2013 - forwarded to Registrar for registration

T13773 - Deputy President Tim Abey - 8 September 2011
s29 industrial dispute - Police Association of Tasmania and Commissioner of Police - Police Award - Isolated Community Expense Allowance - relationship to Change of Residence Allowance – In Principle Agreement – principles of award construction - order issued

T13772 - Commissioner JP McAlpine - 10 May 2011
s29 industrial dispute - Liquor, Hospitality and Miscellaneous Union-Tasmanian Branch and The Minister administering the State Service Act 2000 - failure to pay correct salary - higher duty roles - substantive position - expectation of continuing in clerical stream - recommendation issued

T13767 - Deputy President Tim Abey - 9 March 2011
s55 industrial agreement - The Community and Public Sector Union (State Public Services Federation Tasmania) Inc and Liquor, Hospitality and Miscellaneous Union-Tasmanian Branch - Correctional Officers Interim Agreement 2010 - application approved - operative date 9/3/11-30/6/11 - forwarded to Registrar for registration

T13764 - Deputy President Tim Abey - 3 March 2011
s23 award variation - Police Association of Tasmania - Police Award - variations - operative from the beginning of the first pay period to commence on or after 1 March 2011 unless otherwise specified
Transcript

T13762 - Commissioner JP McAlpine - 3 March 2011
s59 agreement variation - Australian Education Union, Tasmanian Branch - Teaching Service (Tasmanian Public Sector) Salary and Conditions of Employment Agreement 2008 - salaries - variation approved - operative ffpp on or after 17/2/11

T13761 - Commissioner JP McAlpine - 3 March 2011
s59 agreement variation - Australian Education Union, Tasmanian Branch - Polytechnic and Skills Institute Teaching Staff Industrial Agreement 2011 - salaries - application approved - operative date ffpp on or after 1/3/11

T13760 - Commissioner JP McAlpine - 3 March 2011
s23 award variation - Australian Education Union, Tasmanian Branch - special allowance - ffpp on or after 17/2/11 - award consolidated
Transcript

T13765 - Commissioner JP McAlpine - 24 February 2011
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 the Liquor, Hospitality and Miscellaneous Union-Tasmanian Branch - order sought - work bans - Risdon Prison Complex - order issued

T13757 - Deputy President Tim Abey - 23 March 2011
s29 industrial dispute - Shane Ross Macpherson and H M Bamford (Tas) Pty Ltd - long service leave - pressing or other domestic necessity - application dismissed

T13753 - Commissioner JP McAlpine - 20 December 2011
s29 industrial dispute - Liquor, Hospitality and Miscellaneous Union – Tasmanian Branch and Minister administering the State Service Act 2000/Department of Justice - suspension from duty – alleged breach of State Service Code of Conduct – investigation in accordance with Commissioner’s Direction No. 5 – employment relationship - jurisdiction found – public interest – procedural fairness – duty of care – decontamination procedure involving chemical agent – reasonable grounds for suspension from duty found – application dismissed 

T13751 - Commissioner JP McAlpine - 16 June 2011
s29 industrial dispute - Stephen Yapp and Minister administering the State Service Act 2000 (Department of Justice) - termination of employment - alleged breach of the Tasmanian State Service Award - alleged breach of the State Service Code of Conduct - alleged breach of safety - clarity of operating procedures - valid reason for termination not proven - termination unfair - lesser penalty appropriate - re-instatement ordered

T13749 - Deputy President Tim Abey - 16 August 2011
s29 industrial dispute - Harvey David Blackburn and Tasmanian Paints Pty Ltd - long service leave - preliminary decision - jurisdiction – Limitation Act 1974 – meaning of ‘action’ – found ‘action’, limited to a proceeding in a court – found Tasmanian Industrial Commission is not a ‘court’ – jurisdictional application dismissed

T13748 - Deputy President Tim Abey - 7 June 2011
s29 industrial dispute - Harvey David Blackburn and Tasmanian Paints Pty Ltd - long service leave - directions

T13741 - Commissioner JP McAlpine - 27 January 2011
s23 award variation - Australian Education Union, Tasmanian Branch - align common allowances with the Tasmanian State Service Award - transfer any provisions from Ministerial Direction No. 3 - align leave provisions with the Tasmanian State Service Award - consolidation - consent order issued - operative date ffpp 25/1/11
Transcript

T13713 - Deputy President Tim Abey - 16 September 2011
s29 industrial dispute - Brett Johns and John Watkins House of Golf – pro rata long service leave – transmission of business - found that there was not a termination of employment – application dismissed

T13706 - Deputy President Tim Abey - 20 September 2011
s29 industrial dispute - Health Services Union of Australia, Tasmania No1 Branch and Minister administering the State Service Act 2000/Department of Health and Human Services - classification resolution in respect of Diana Ashlin - Directions  

T13664 - Deputy President Tim Abey - 12 January 2011
s29 industrial dispute - Health Services Union of Australia, Tasmania No. 1 Branch and The Minister administering the State Service Act 2000 (Department of Health and Human Services) - classification level of Medical Imaging (MI) Receptionists at the Royal Hobart Hospital - 'best fit' - order issued that level to remain Band 2