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2013 DECISIONS

T14138 - Deputy President N Wells - 23 December 2013
s55 industrial agreement - Minister administering the State Service Act 2000 and The Community and Public Sector Union (State Public Services Federation Tasmania Inc) and United Voice, Tasmanian Branch - Correctional Officers Agreement 2013 - application approved – operative date from date of registration with exception of first wage increase operative from ffpp after 1/12/13 until 30/6/2016 – forwarded to Registrar for registration

T14132 - Deputy President N Wells - 23 December 2013
s55 industrial agreement - Minister administering the State Service Act 2000 and The Community and Public Sector Union (State Public Services Federation Tasmania Inc) - Tasmanian Audit Office and CPSU Hours of Work Agreement 2013 - application approved – operative date from date of registration until 30/6/2016 – forwarded to Registrar for registration

T14111 - Deputy President N Wells - 18 December 2013
s29 industrial dispute - United Voice, Tasmanian Branch and Captive Services Pty Ltd - pro-rata entitlement to long service leave – commencement date – continuity of service – crystallisation of entitlement – formula for entitlement – order issued

T14134 - Deputy President N Wells - 17 December 2013
s55 industrial agreement - Minister administering the State Service Act 2000 and United Voice, Tasmanian Branch - Education Facility Attendant Job Security Industrial Agreement 2013 - application approved – operative date ffpp after 17/12/13 until 30 September 2018 – forwarded to Registrar for registration

T14133 - Deputy President N Wells - 17 December 2013
s55 industrial agreement - Minister administering the State Service Act 2000 and United Voice, Tasmanian Branch - Education Facility Attendant Salaries and Conditions of Employment Industrial Agreement 2013 - application approved – operative date ffpp after 1/11/13 until 30 November 2016 – forwarded to Registrar for registration

T14120 - Deputy President N Wells - 17 December 2013
s23 application for award or variation of award - an application lodged by the Minister administering the State Service Act 2000 to vary the Tasmanian State Service Award - reformatting – consent application – variation approved - order issued - operative date 17 December 2013

T14121 - Deputy President N Wells - 4 December 2013
s23 application for award or variation of award - an application lodged by the Minister administering the State Service Act 2000 to vary the Tasmanian State Service Award - update the salary tables to reflect pay increases for employees covered by the Public Sector Unions Wages Agreement 2013 - part II clause 3 – variation approved - order issued operative date from the first full pay period to commence on or after 1 December 2013

T14125 - Deputy President N Wells - 4 December 2013
s23 application for award or variation of award - an application lodged by the Minister administering the State Service Act 2000 to vary the Health and Human Services (Tasmanian State Service) Award - update the salary tables to reflect pay increases for employees covered by the Public Sector Unions Wages Agreement 2013 - delete Appendix 11, Clause 2 - vary Part II Salaries and Related Matters, clause 3 – variation approved - order issued operative date from the first full pay period to commence on or after 1 December 2013

T14128 - President TJ Abey - 4 December 2013
s55 industrial agreement - Minister administering the State Service Act 2000 and the Australian Nursing and Midwifery Federation (Tasmanian Branch) – Public Sector Unions Wages Agreement 2013 Extension - application approved – operative from date of registration until 30 June 2016 – forwarded to Registrar for registration

T14122 - President TJ Abey - 4 December 2013
s55 industrial agreement - Minister administering the State Service Act 2000 and the United Firefighters’ Union of Australia, Tasmanian Branch – Tasmanian Fire Fighting Industry Employees’ Industrial Agreement 2013 - application approved – operative 1 July 2013 until 30 June 2014 – forwarded to Registrar for registration

T14119 - President TJ Abey - 3 December 2013
s55 industrial agreement - Minister administering the State Service Act 2000 and the Australian Nursing and Midwifery Federation (Tasmanian Branch) and the Health Services Union of Australia, Tasmania No. 1 Branch – Nursing And Midwifes (Tasmanian State Service) Interim Agreement 2013 - application approved – operative date 1 December 2013 until 30 November 2014 – forwarded to Registrar for registration

T14127 - Decision Corrected - Deputy President N Wells - 3 December 2013
s55 industrial agreement - Minister administering the State Service Act 2000 and Association of Professional Engineers, Scientists and Managers, Australia and Australian Education Union, Tasmanian Branch and Australian Municipal, Clerical and Services Union and The Community and Public Sector Union (State Public Services Federation Tasmania Inc) and Health Services Union of Australia, Tasmanian No. 1 Branch and United Voice, Tasmanian Branch - Public Sector Unions Wages Agreement 2013 – application approved – operative from date of registration until 30 June 2016 – forwarded to Registrar for registration

T14102 - President TJ Abey - 15 November 2013
s29 industrial dispute - The Community and Public Sector Union, Tasmanian Branch (State Public Services Federation) Inc. v Minister administering the State Service Act 2000 - Department of Primary Industries, Parks, Water and Environment - private vehicle use for official purposes- condition precedent for payment as required user - requirements for payment as occasional user - application dismissed

TE1479 - Deputy President N Wells - 6 November 2013
s61 - enterprise agreement– Minister administering the State Service Act 2000 and  employees of the Department of Education who undertake overseas work arranged by the Government Education and Training International Unit (GETI) on a voluntary basis - Government Education and Training International Overseas Work and Travel Enterprise Agreement 2013 - agreement approved - operative 1 November 2013 until 30 July 2017

T14108 - Deputy President N Wells - 29 October 2013
s13 long service leave dispute - referred by the Secretary, Department of Justice, pursuant to s13 of the Long Service Leave Act 1976  - Michelle Lynne Phillips and Dolphin Dreaming Pty Ltd trading as Abel Tasman Airport Motor Inn - proportionate payment of long service leave – continuous employment – order issued

T14072 - President TJ Abey - 27 September 2013
s29 industrial dispute - The Australian Workers’ Union, Tasmania Branch v Copper Mines of Tasmania - pro rata long service leave - application to summons a witness to give evidence -power to summons witness discretionary - preference for parties to arrange their own witness evidence on a voluntary basis -examples of circumstances under which Commission might exercise discretion to summons - onus on applicant to prove case - applicant on notice that evidence is contested - application declined

T14069 - Deputy President N Wells - 19 September 2013
s55 industrial agreement - Minister administering the State Service Act 2000  and Australian Education Union, Tasmanian Branch - Department of Education Teacher Transfer/Assignment of Permanent Duties Industrial Agreement 2013 – application approved – operative date 1 May 2013 until 29 April 2016 – forwarded to Registrar for registration - agreement registered

T14020 - President TJ Abey - 18 September 2013
s23 application for award or variation of award - an application was lodged by the Health Services Union of Australia, Tasmania No. 1 Branch (HSUA to vary the Tasmanian Ambulance Service Award relating to an increase in salary and salary related allowances – hearing commenced before single member - comprehensive work value assessment - request to refer to a full bench – issues could not have been reasonably foreseen – time and costs  – public interest –referral criteria satisfied – full bench to hear matter

T14094 - Deputy President N Wells - 6 September 2013
s59(2) variation of an industrial agreement - Allied Health Professionals (Tasmanian State Service) Agreement 2012 - Minister administering the State Service Act 2000, the Health Services Union, Tasmanian No. 1 Branch (Health and Community Services Union), the Community and Public Sector Union, Tasmanian Branch (State Public Services Federation) Inc  and the Australian Education Union, Tasmanian Branch - inclusion of Appendix 1 Form headed Application to Attend Professional Development under clause 19 professional development – variation approved – order issued - operative date 6 September 2013

T14093 - President TJ Abey - 9 August 2013
s59(2) variation of an industrial agreement - Nurses and Midwives Heads of Agreement 2010 -  inclusion of Schedule 9 – interim arrangements for nurses working in community settings - variation approved – order issued - operative date 9 August 2013

T13908 - Deputy President N Wells - 31 July 2013
s29 industrial dispute - The Community and Public Sector Union, Tasmanian Branch (State Public Services Federation) Inc. v Minister administering the State Service Act 2000 - Department of Primary Industries, Parks, Water and Environment - classification resolution process – translation - classification descriptors – professional stream – requirements of role - ‘best fit’ – order issued - appeal lodged by Minister administering the State Service Act 2000 on 20/8/2013 in matter T14100 of 2013 and application to suspend operation of the decision - directions issued and suspension granted on 28/8/2013 - appeal discontinued on 11/9/2013 - decision stands

T13833 - President TJ Abey - 29 July 2013
s29 industrial dispute - Brendon Nowak v J K Peddell & S E Peddell trading as Bing-I-Oysters(ABN 29250221613) - entitlement to pro rata long service leave – legal representation – application to dismiss for want of prosecution –resignation based on ‘other pressing necessity’ – application granted – order issued

T14066 and T14068 - Full Bench - 12 July 2013
s23 application for award or variation of award - wage Rates - Tasmanian Minimum Wage rate determined at $622.20pw - s47AB – work related allowances increased by 2.6% - supported wage varied - operative date ffpp 1 August 2013

T14041  - Deputy President N Wells - 12 July 2013
s29 industrial dispute - The Community and Public Sector (State Public Services Federation Tasmania) Inc v Minister administering the State Service Act 2000 (Department of Police and Emergency Management) - salary maintenance - principle of award construction – statutory interpretation – ambiguity – ex gratia payment - ministerial direction No. 25 – employment direction No. 25 – surplus employee – potentially surplus employee – internally surplus employee - redundancy – salary maintenance - definition of “normal rate of pay” – allowances included in normal rate of pay – definition of salary – penalties included in salary or “normal rate of pay” – order granted - Decision Under Appeal by Minister administering the State Service Act 2000 in Matter T14090/2013 - Appeal withdrawn in proceedings on 6 August 2013 - decision stands

T14065 - Acting President N Wells - 21 June 2013
s23 award variation - Police Association of Tasmania - Police Award - expense related allowances - consent order –operative date 14/6/13

T14002 - 21 June 2013
Full Bench - Acting President N Wells, Commissioner B Deegan and Commissioner MA Gay
s70 appeal  - Australian Nursing Federation, Tasmanian Branch - appeal against a decision handed down by President Abey on 13/11/12 – T13915 of 2012 – 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

T14067 - Acting President N Wells - 5 June 2013
s55 industrial agreement - Minister administering the State Service Act 2000 and Australian Medical Association, Tasmania Limited - Tasmanian Visiting Medical Practitioners (Public Sector) Agreement 2013 - agreement approved – operative 1 July 2012 until 30 June 2014 – forwarded to Registrar for registration - agreement registered

T14031 - Deputy President N Wells - 23 May 2013
s29 industrial dispute - The Community and Public Sector (State Public Services Federation Tasmania) Inc v Minister administering the State Service Act 2000 (the Department of Justice) - principle of extra claim – preliminary matter – unintended consequences - correctional facility allowance – ambiguity – leave reserve matters - extrinsic material – found not to be extra claim – hearing to be reconvened

T13996 - President TJ Abey - 1 May 2013
s29 industrial dispute - Health Services Union of Australia, Tasmania No.1 Branch v Minister administering the State Service Act 2000 (the Department of Health and Human Services) - amalgamation of Commonwealth and Tasmanian Pathology Laboratories 1985 - transfer from Commonwealth to Tasmanian Public Service - Commonwealth and State agreement - decision T732 of 1987 – no disadvantage as consequence of transfer – meaning and extent of no disadvantage undertaking – clarification- application for orders declined

T14048 - Deputy President N Wells - 24 April 2013
s23 award variation - Tasmanian State Service Award - personal leave clause – removal of ambiguity - operative from 18/4/13 – consent matter – Order No. 3 of 2013 (Consolidated) issued

T13994 - Deputy President N Wells - 24 April 2013
s23 award variation - Facility Attendants (Tasmanian State Service) Award - insertion of a new scope clause - new classification descriptors – new salaries clauses - new allowances clauses – new conditions clauses – Order No. 1 of 2013 (Consolidated) issued - operative date 11 April 2013

T13954 -  Deputy President N Wells - 11 April 2013
s29 industrial dispute – Health Services Union of Australia, Tasmania No.1 Branch v Minister administering the State Service Act 2000 (the Department of Health and Human Services - Appendix 1 of the Health and Human Services (Tasmanian State Service) Award  - translation process – classification resolution process, classification descriptors – ‘best fit’ – ‘major and substantial’ – order issued

TR487   - Registrar - 11 April 2013
Registered organizations – application by the Tasmanian Education Association for registration as an organization of employees – valid application – applicant association registered if all the criteria in s.63 met, and must not be registered if all the criteria are not met – Rules of the association make provision as required by the IR Act – conveniently belong test – application for registration refused

T14036 - Deputy President N Wells - 19 March 2013
s23 award variation - Minister administering the State Service Act 2000 - Police Departmental Employees award - Order No. 1 of 2013 (Consolidated) –   Clause 3 – Scope – consent matter – award consolidated – operative date 30/3/13

T14038 - President TJ Abey -15 March 2013
s23 award variation - Police Association of Tasmania -   Police Award - Order No. 1 of 2013  -  clause 9 allowances - consent  - operative from 14 March 2013

T14015 - President TJ Abey - 13 March 2013
s29 industrial dispute - alleged award breach - maternity leave - public holidays - remedy sought by applicant denied - file closed

T13979 - Deputy President N Wells - 1 March 2013
s23 award variation - The Community and Public Sector (State Public Services Federation Tasmania) Inc . -  Tasmanian State Service Award - Order No. 2 of 2013  -  new Appendix 17 – Department of Police and Emergency Management Radio Dispatch Operators - operative from 30 March 2013

T14019 - Deputy President N Wells - 4 February 2013
s23 award variation - Minister administering the State Service Act 2000 - Tasmanian State Service Award - new Appendix 16 – Teacher Assistants, VET Student Assistants and Participation Assistants - Department of Education - application granted - order issued operative from 1 October 2011 for Teacher Assistants and from 30 August 2012 for VET Student Assistants and Participation Assistants

T14021 - Deputy President N Wells - 18 January 2013
s55 industrial agreement - Minister administering the State Service Act 2000 and Australian Education Union, Tasmanian Branch - Teaching Service (Tasmanian Public Service) Principals Agreement 2013 - agreement approved – operative 1 January 2013 until 31 December 2015 – forwarded to Registrar for registration - Agreement registered

T14013 - Deputy President N Wells - 9 January 2013
s55 industrial agreement - Minister administering the State Service Act 2000 and Australian Nursing Federation, Tasmanian Branch - Department of Health And Human Services Mental Health Services NW Crisis Assessment Team 10 Hour Shift Arrangements Agreement 2012 - agreement approved – operative from ffpp after date of registration until 30 November 2014 – forwarded to Registrar for registration - Agreement registered on 9 January 2013