2012 Decisions

 

T13994 - Deputy President Wells - 21 December 2012
23 - award variations - Minister administering the State Service Act 2000 - Miscellaneous Workers (Public Sector)Award -  renaming of award to Facility Attendants (Tasmanian State Service) Award - new conditions clauses - operative date 18 December 2012 -  Order No. 3 of 2012 (Consolidated) - Correction Order

T14007 - Deputy President Wells - 14 December 2012
s55 industrial agreement - Minister administering the State Service Act 2000 and Health Services Union of Australia, Tasmania No. 1 Branch and The Community and Public Sector (SPSFT) Inc. and Australian Education Union, Tasmanian Branch - Allied Health Professionals (Tasmanian State Service) Agreement 2012 - agreement approved – operative from 1 March  2012 until 28 February 2014 – forwarded to Registrar for registration  

T13944 and T14008 and - T14009 - President Abey - 14 December 2012
23 - award variations - Minister administering the State Service Act 2000 - Tasmanian State Service Award - new Appendix 14 – Network Support Officers - o/d ffpp on or after 20/11/12  AND - Award variation – new Appendix 15 – Probation Officers - Department of Justice – o/d ffpp 14/12/12 - Order No. 9 of 2012 (Consolidated)

T13998 - President Abey - 6 December 2012
s55 industrial agreement - Minister administering the State Service Act 2000 and Health Services Union of Australia, Tasmania No. 1 Branch and The Community and Public Sector (SPSFT) Inc. - Department Of Health And Human Services' Public And Environmental Health Services Staff On Call And Call Back Agreement 2012 - agreement approved operative from date of registration and to remain in force until 30 June 2015 forwarded to the Registrar for registration 

T13944 - President Abey - 5 December 2012
s29 industrial dispute – The Community and Public Sector Union (State Public Services Federation Tasmania) Inc. and the Minister administering the State Service Act 2000 – classification of Network Support Officers in the Department of Education – interim consent order issued – file to remain open pending the finalisation of an appropriate award variation

T13995 - President Abey - 27 November 2012
s55 industrial agreement - Minister administering the State Service Act 2000 and the Association of Professional Engineers, Scientists and Managers, Australia - The Department of Infrastructure, Energy and Resources Engineers (DIER) Industrial Agreement 2012 - agreement approved operative from 27 November 2012 and to remain in force until 31 March 2014 forwarded to the Registrar for registration

T13930 - Deputy President N Wells - 27 November 2012
s29 industrial dispute – Australia Education Union, Tasmanian Branch and Minister administering the State Service Act 2000 (Department of Justice) - Prisoner Education and Training Unit (PEaT) - Correctional Facility Allowance - Tasmanian State Service Award - principles of award construction – retrospectivity – parties directed to confer on form of final orders

T13831 - President Abey - 27 November 2012
23 award variation - Minister administering the State Service Act 2000 - Nurses (Tasmanian Public Sector) Award 2005 - ongoing process of reviewing and updating the award so as to reflect contemporary arrangements – award renamed - consolidation –  order issued - operative date ffpp on or after 23/11/12

T13986 - President Abey - 23 November 2012
s23 award variation – Minister administering the State Service Act 2000 - Nurses (Tasmanian Public Sector) Award 2005 - new family violence provision in Personal Leave clause - consent matter – order issued - operative date 19/11/12

T13993 - Deputy President N Wells - 21 November 2012
s23 award variation – Minister administering the State Service Act 2000 - Tasmanian State Service National Training Wage - wages – consent matter – award varied - order issued - o/d ffpp on or after 23/11/12

T13988 – Deputy President N Wells - 21 November 2012
s23 award variation - Minister administering the State Service Act 2000 - Port Arthur Historic Site Management Authority Award – salaries –consent matter – award varied - order issued - operative date 21/11/12

T13990 - Deputy President N Wells - 21 November 2012
s55 industrial agreement - Community and Public Sector Union (State Public Services Federation Tasmania) Inc. and Transport Workers' Union of Australia (Victorian/Tasmanian Branch) and Minister administering the State Service Act 2000 - Ministerial Drivers Industrial Agreement 2012 - agreement approved operative ffpp 1 December 2011 to remain in force until 30 June 2013 forwarded to the Registrar for registration

T13984 and T13985 and T13986 - President Abey - 19 November 2012
s23 award variation - nominated public sector awards - new family violence provision in Personal Leave clause - consent matter – orders issued - operative date 19/11/12

T13983 - Deputy President N Wells - 15 November 2012
s23 award variation – Polytechnic and Skills Institute Teaching Staff Award - Minister administering the State Service Act 2000 - insert State Service Accumulated Leave Scheme – consent matter – order issued  - operative date ffpp on or after 15/11/12

T13982 - Deputy President N Wells - 15 November 2012
s23 award variation – Teaching Service (Tasmanian Public Sector) Award - Minister administering the State Service Act 2000 - insert State Service Accumulated Leave Scheme – consent matter – order issued  - operative date ffpp on or after 15/11/12

T13915 - President TJ Abey - 13 November 2012
s29 industrial dispute - Australian Nursing Federation, Tasmanian Branch and   Minister administering the State Service Act 2000 (Department of Health and Human Services) – alleged refusal to recognise Nurses and Midwives (Tasmanian Public Sector) Heads of Agreement – community nurses – entry point for new appointments – status quo – principles of award construction – found no agreement in place – decline to make orders sought - recommendation - paragraph 62 amended - amendment issued - Decision appealed by Australian Nursing Federation, Tasmanian Branch - Decision issued by Full Bench - T14002 - 21 June 2013 – competency of appeal – threshold issue – meaning of “order” - procedural fairness – natural justice – power to amend or vary - principle of functus officio – President amended his decision - exercise statutory function – President was functus officio when he issued amendment – decision did not contain an order – decision incapable of appeal – no appeal lies

T13977 - Deputy President N Wells - 12 November 2012
s23 award variation - Police Association of Tasmania - new Clause 15.13 – Police Accumulated Leave Scheme – consent matter – order issued - operative date ffpp on or after 9/11/12 – award consolidated

T13981 - Deputy President N Wells - 8 November 2012
s23 award variation - The Community and Public Sector (SPSFT) Inc. - Port Arthur Historic Site Management Authority Award – district allowances – consent matter – order issued – operative date ffpp on or after 7 November 2012

T13980 - Deputy President N Wells - 8 November 2012
s23 award variation - The Australian Workers’ Union, Tasmania Branch - AWU (Tasmanian State Sector) Award – district allowances – consent matter – order issued – operative date ffpp on or after 7 November 2012

T13975 - Deputy President N Wells - 8 November 2012
s23 award variation - The Community and Public Sector (SPSFT) Inc. - Health and Human Services (Tasmanian State Service) Award – district allowances – consent matter – order issued – operative date ffpp on or after 7 November 2012

T13974 - Deputy President N Wells - 8 November 2012
s23 award variation - The Community and Public Sector (SPSFT) Inc. - Tasmanian State Service Award – district allowances – consent matter – order issued – operative date ffpp on or after 7 November 2012

T13638 - President TJ Abey - 2 November 2012
s29 industrial dispute - Rajiv Kumar and Anil and Manju Sharma trading as Magic Curries Indian Restaurant - unfair termination of employment – breach of award – classification – days worked – rosters – hours of work – salary arrangements – penalty rates – annual leave – public holidays – superannuation – parties ordered to confer

T13971 - President TJ Abey - 1 November 2012
s23 award award variation - Minister administering the State Service Act 2000 - Tasmanian Ambulance Award - travel allowance – parental leave – consent matter – award varied – order issued - operative date ffpp on or after 31/10/12

T13969 - Deputy President N Wells - 17 October 2012
s59 variation to an industrial agreement - Minister administering the State Service Act 2000 and the Australian Education Union, Tasmanian Branch - Polytechnic & Skills Institute Teaching Industrial Agreement 2012 - inclusion of proviso to Clause 2 - Application – variation approved – order issued - operative date ffpp on or after 17 October 2012

T13965 - President TJ Abey - 14 September 2012
s23 award variation - Minister administering the State Service Act 2000 - Award variation – Tasmanian State Service Award – camp allowance – consent matter - order issued - operative date ffpp on or after 14/9/12

T13904 - President TJ Abey - 14 September 2012
s23 award variation - The Australian Workers Union, Tasmanian Branch - Award variation – Tasmanian State Service Award – Availability – Stand-by provision deleted - consent matter - order issued - correction order - operative date ffpp on or after 14/9/12

T13960 - President TJ Abey - 12 September 2012
s23 award variation - Minister administering the State Service Act 2000 - Award variation – Tasmanian State Service Award – camp allowance – consent matter – order issued - operative date ffpp on or after 12/9/12 

T13957 - President TJ Abey - 5 September 2012
s23 award variation - Minister administering the State Service Act 2000 - Award variation – Health and Human Services (Tasmanian State Service) Award – Appendix 11 Dental Officers - Clauses 2(c)(iii) 2(d)(iii) and 2(e)(iii) - Indicative Occupations deleted – consent matter – award varied – order issued - operative date 5/9/12

T13955 - Acting President TJ Abey - 30 August 2012
s59 variation to an industrial agreement - Minister administering the State Service Act 2000 (MASSA) and the Australian Nursing Federation, Tasmanian Branch - Nurses and Midwives Heads of Agreement 2010 - agreement varied by including Schedule 7 – Classification Standards Nursing and Midwifery and Schedule 8 - Translation, Classification to the Nurses and Midwives Career Structure and Review - variation approved – order issued - operative date 30 August 2012

T13950 - Acting President TJ Abey - 21 August 2012
s55 industrial agreement - Minister administering the State Service Act 2000 and the Australian Education Union, Tasmanian Branch - Polytechnic and Skills Institute Teaching Staff Industrial Agreement 2012 - application approved – operative date 1 March 2012 until 28 February 2014 – forwarded to Registrar for registration

T13949 - Acting President TJ Abey - 20 August 2012
s23 award variation - Minister administering the State Service Act 2000  - award variation – Polytechnic and Skills Institute Teaching Staff Award -  meal and living away from home allowances – consent matter – award varied – order issued - operative date ffpp 17/8/12

T13948 - Acting President TJ Abey - 20 August 2012
s23 award variation - Minister administering the State Service Act 2000 - Award variation – Health and Human Services (Tasmanian State Service) Award, Nurses (Tasmanian Public Sector) Award 2005 and Teaching Service (Tasmanian Public Sector) Award - accommodation and meals allowances – consent matter – awards varied – orders issued - operative date ffpp 17 August 2012

T13947 - Acting President TJ Abey - 17 August 2012
s23 award variation - Minister administering the State Service Act 2000 - Award variation – AWU (Tasmanian State Sector) Award, Port Arthur Authority Award and Tasmanian State Service Award - accommodation and meals allowances – consent matter – awards varied – orders issued - operative date ffpp 17 August 2012

T13946 - Acting President TJ Abey - 10 August 2012
s55 industrial agreement - Minister administering the State Service Act 2000 and the Australian Education Union, Tasmanian Branch - Teaching Service (Tasmanian Public Sector) Salaries and Conditions of Employment Agreement 2012 – application approved – operative date ffpp 1 March 2012 until 28 February 2014 – forwarded to Registrar for registration

T13932 and T13933 and T13939 - Deputy President TJ Abey - 31 July 2012
s23 award variations - The Community and Public Sector (SPSFT) Inc. to vary the Parliamentary Staff Award - Governor-in-Council to vary Governor of Tasmania Staff Award and Police Association of Tasmania to vary Police Award - inclusion of Tasmanian Minimum Wage clause - consent matter – orders issued – operative date 31 July 2012

T13941 - Deputy President TJ Abey - 30 July 2012
s23 award variation – Nurses (Tasmanian Public Sector) Award 2005 - Minister administering the State Service Act 2000 - In Charge of Shift Allowance – consent matter - award varied – operative date 1/8/12

T13931 - Deputy President TJ Abey - 12 July 2012
s23 award variation – Nurses (Tasmanian Public Sector) Award 2005 - Minister administering the State Service Act 2000 - Preceptor allowance – consent matter - award varied – operative date 12/7/12

T13919 - Deputy President TJ Abey - 12 July 2012
s23 award variation – Nurses (Tasmanian Public Sector) Award 2005 - Minister administering the State Service Act 2000 - Defence Force Leave – Supported Wage clause deleted – Preceptor Allowance varied – Recreation Leave and Annual Leave Loading clauses varied – Provision of Employee Accommodation clause replaced – reference to continuous shift workers removed – consent matter – award varied ffpp on or after 9/7/12

T13924 - Deputy President TJ Abey - 6 July 2012
s55 industrial agreement – Minister administering the State Service Act 2000 (MASSA) and the Community and Public Sector (SPSFT) Inc. and United Voice, Tasmanian Branch -  Correctional Officers Agreement 2012 - application approved – operative date from date of registration until 30 June 2013 – forwarded to Registrar for registration

T13921 - Deputy President TJ Abey - 6 July 2012
s23 award variation – Tasmanian State Service Award - Minister administering the State Service Act 2000 - new Clause 10 of Part IV – Tasmanian Prison Service – Special Allowances – variation approved – consent order issued - operative ffpp on or after 5 July 2012

T13918 - Deputy President TJ Abey - 2 July 2012
s55 industrial agreement – Minister administering the State Service Act 2000, The Community and Public Sector (SPSFT) Inc. and the Australian Workers’ Union, Tasmania Branch - Department of Primary Industries, Parks, Water and Environment Industrial Agreement 2012 - application approved – operative date from date of registration until 30/6/13– forwarded to Registrar for registration

T13922 - Deputy President TJ Abey - 29 June 2012
s55 industrial agreement – Minister administering the State Service Act 2000, The Community and Public Sector (SPSFT) Inc.  and Health Services Union of Australia, Tasmania No. 1 Branch - Radiation Therapists (State Service) Union Agreement 2012 - agreement approved – operative date 29/6/12 until 30/6/13 – forwarded to Registrar for registration

T13920 - Deputy President TJ Abey - 29 June 2012
s23 award variation – Health and Human Services (Tasmanian State Service) Award - Clause 3 Scope of Part 1 – APPLICATION AND OPERATION OF THE AWARD – consent order issued - operative date 1 July 2012

T13857 - Commissioner JP McAlpine - 22 June 2012
s23 award variation - Teaching Service (Tasmanian Public Sector) Award - Ministering administering the State Service Act 2000 - remove details of timing of annual recreation leave – introduce minimum quantum of leave entitlement – change to leave expenses for teachers on Bass Strait islands operational from beginning of school year 2013 - parties consent – award varied - ffpp on or after 22/6/12

 

 T13914 - Commissioner JP McAlpine - 14 June 2012
s55 industrial agreement - Minister administering the State Service Act 2000 and the Health Services Union of Australia, Tasmania No. 1 Branch and the Australian Nursing Federation, Tasmanian Branch - Caseload Midwifery Industrial Agreement 2012 - agreement approved – operative from the beginning of the first full pay period on or after 14/6/12 – to remain in force for a period of three years - forwarded to the Registrar for registration

T13858 - Deputy President TJ Abey - 7 June 2012
s29 industrial dispute - Australian Nursing Federation, Tasmanian Branch and Minister administering the State Service Act 2000  (Department of Health and Human Services) - payment for public holiday accrual for day workers –principles of award construction – admissibility of certain documents relating to surrounding events – rostered day off – disadvantage of public holidays falling on RDOs - order - decision under appeal by MASSA 2000 (Matter T13911 of 2012 lodged 7 June 2012) - application also made by MASSA 2000 to suspend the decision under s.71(4) of IR Act - Appeal withdrawn by MASSA 2000 on 21 August 2012

T13906 - Deputy President TJ Abey - 7 June 2012
s23 award variation – Police Award - Police Association of Tasmania - expense related allowances - consent order –operative date 7/6/12 – award consolidated

T13905 - Commissioner JP McAlpine - 1 June 2012
s55 industrial agreement – Public Sector Unions Wages Agreement - agreement approved – operative from date of registration – to remain in force until 30 June 2013 - forwarded to the Registrar for registration

T13870 - Deputy President TJ Abey - 25 May 2012

s29 industrial dispute - Shane Duke and Minister administering the State Service Act 2000/Department of Education – unfair termination of employment – meaning of serious misconduct – valid reason for dismissal but found to be harsh and disproportionate - procedural fairness – code of conduct – CD5 – found that procedural fairness denied in material respects –dismissal found to be unfair – modified form of reinstatement – order issued - decision under appeal by MASSA 2000 (Matter T13912 of 2012 lodged 7 June 2012) - application also made by MASSA 2000 to suspend the decision under s.71(4) of IR Act - appeal withdrawn on 3 September 2012 - file closed

T13857 - Commissioner JP McAlpine - 16 May 2012
s23 award variation – Teaching Service (Tasmanian Public Sector) Award - leave and holidays with pay - Minister administering the State Service Act 2000 -  introduction of four-term school year – public interest – precedence of an Act over an award – no jurisdiction to mandate number and length of school terms – decision on substantive application to follow - recommendation

T13903 - Deputy President TJ Abey - 16 May 2012
s23 award variation - Minister administering the State Service Act 2000 - Australian Workers Union (Tasmanian State Sector) Award - salaries - to reflect salary adjustments of $1,000 per annum or 2% - consent order issued - operative date ffpp 1/12/2011

T13879 - Commissioner JP McAlpine - 15 May 2012
s29 industrial dispute - Health Service Union, Tasmanian No.1 Branch and Minister Administering the State Service Act 2000/Department of Health and Human Services - voluntary redeployment of four Extended Care Assistants to positions as Assistants in Nursing on completion of a training program - demarcation - consultation - public interest – jurisdiction - application dismissed

T13850 - Commissioner JP McAlpine - 16 April 2012
s29 industrial dispute - United Voice, Tasmanian Branch and Kym Maree Jackson trading as Avante Cleaning Services - alleged breach of the Cleaning and Property Services Award – matter heard in absentia - breach of award upheld – order made

T13833 - Commissioner JP McAlpine - 11 April 2012
s29 industrial dispute – Brendon Nowak and the J K Peddell & S E Peddell
trading as Bing I Oysters (ABN 29250221613) - breach of award – threshold matter – jurisdiction – proceed to hearing - NOTE: Matter under appeal by JK Peddell and SE Peddell trading as Bing I Oysters - Matter T13901 of 2012

T13894 - Deputy President TJ Abey - 4 April 2012
s55 industrial agreement – Minister administering the State Service Act 2000 and United Voice, Tasmanian Branch - Education Facility Attendants Salaries and Conditions of Employment Industrial Agreement 2011– agreement approved from ffpp 1 December 2011 until 30 June 2013

T13893 - Deputy President TJ Abey - 4 April 2012
s23 award variation - Minister administering the State Service Act 2000 - Tasmanian State Service Award and Health and Human Services (Tasmanian State Service) Award - salaries - to reflect salary adjustments of $1,000 per annum or 2% - consent orders issued - operative date for Tasmanian State Service Award  ffpp 8/12/2011 - operative date for Health and Human Services (Tasmanian State Service) Award ffpp 1/12/2011

T13891 - Commissioner JP McAlpine - 3 April 2012
s59 agreement variation - Minister administering the State Service Act 2000 and Australian Education Union, Tasmanian Branch - Polytechnic and Skills Institute Teaching Staff Industrial Agreement 2011 - consent application - application approved - operative date ffpp on or after 1 March 2012 

T13857 - Commissioner JP McAlpine - 30 March 2012
s23 award variation – Teaching Service (Tasmanian Public Sector) Award - Minister administering the State Service Act 2000 - contested – directions issued

T13844 - Deputy President TJ Abey - 29 March 2012
s29 industrial dispute – Police Association of Tasmania and Commissioner of Police - salary advancement criteria– approved tertiary qualifications – custom and practice – management prerogative – consultation – application dismissed – order made re consultation on advancement criteria - DECISION APPEALED BY POLICE ASSOCIATION OF TASMANIA ON 20 APRIL 2012 - T13898 OF 2012

T13857 - President PL Leary - 27 March 2012
s23 award variation – Teaching Service (Tasmanian Public Sector) Award - Minister administering the State Service Act 2000 - application by Australian Education Union, Tasmanian Branch to refer matter to a Full Bench – public interest – application rejected

T13857 - Commissioner JP McAlpine - 15 March 2012
s23 award variation – Teaching Service (Tasmanian Public Sector) Award - Minister administering the State Service Act 2000 - contested – threshold matter- matter to be heard as set down

T13831 - Deputy President TJ Abey - 23 March 2012
s23 award variation - Nurses (Tasmanian Public Sector) Award – consolidation – allowances updated - new allowances – clauses re-drafted – consent application – award varied ffpp on or after 22 March 2012 - Order

T13714 - Commissioner JP McAlpine - 15 March 2012
s29 industrial dispute – Debbie Anne Walters and the Minister administering the State Service Act 2000/ Department of Primary Industries, Parks, Water and Environment - unfair dismissal – dismissal found to not be unfair - application dismissed

TE1478 - Deputy President TJ Abey - 5 March 2012
s61 enterprise agreement - Official Secretary as the employer of staff at Government House, Hobart, Tasmania and Staff employed at Government House under the Governor of Tasmania Act 1982 as Senior Staff, Office Staff, Domestic Staff, Outdoor Staff and Security Staff - agreement amended at hearing – agreement approved - operative date 11 March 2012 – operative for a period of 3 years

T13882 - Deputy President TJ Abey - 5 March 2012
s65A award interest - Governor of Tasmania Staff Award - Australian Workers' Union, Tasmania Branch - interest granted - operative date 20 February 2012 - forwarded to Registrar

T13883 - Deputy President TJ Abey - 5 March 2012
s23 award variation Governor of Tasmania Staff Award - Australian Workers' Union, Tasmania Branch – salaries and classification structure - public interest - operative date 20 February 2012

T13706 - Deputy President TJ Abey - 6 January 2012
s29 industrial dispute - 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 – Finance Administrative Officer - general stream of the Health and Human Services Award – use of proprietary software - elements of complexity associated with role - skill set required for position not equivalent to that required for a base level trade qualification - best fit - band 2 confirmed