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2014 DECISIONS

T14277 - President TJ Abey - 24 December 2014
s55 industrial agreement - Australian Nursing and Midwifery Federation (Tasmanian Branch) and Minister administering the State Service Act 2000 - Nurses And Midwives (Tasmanian State Service) Agreement 2014 - – application approved – operative from 1 December 2014 until 30 November 2016 – forwarded to Registrar for registration

T14272 - President TJ Abey - 8 December 2014
s23 award variation - Minister administering the State Service Act 2000  - Nurses and Midwives (Tasmanian State Service) Award  -  Order No. 6 of 2014 (Consolidated)part II – employment relationship and related matters - part III – salaries and related matters - part IV – allowances – part V - hours of work and overtime - part VI - leave and holidays with pay - consent matter – variation approved – operative date ffpp on or after 4 December 2014

T14271 - President TJ Abey - 5 December 2014
s23 award variation - Minister administering the State Service Act 2000 - AWU (Tasmanian State Sector) Award, Health and Human Services (Tasmanian State Service) Award, Port Arthur Historic Site Management Authority Award and Tasmanian State Service Award - graduates, cadets, apprentices and trainees salaries - consent matter – operative date ffpp on or after 4/12/14

T14218 - President TJ Abey - 17 November 2014
s29 industrial dispute – Geoffrey Phillip Heaney v AGS Logistics Pty Ltd - Long Service Act 1976 - entitlement to pro rata long service leave – deemed transmission of business – continuity of service - order issued - DECISION UNDER APPEAL BY AGS LOGISTICS PTY LTD

T14257 - President TJ Abey - 4 November 2014
s23 award variation – Minister administering the State Service Act 2000 - Nurses and Midwives (Tasmanian State Service) Award – overnight travel and accommodation allowance– incidental allowance - consent matter – variation approved – operative date ffpp on or after 3 November 2014

T14256 - President TJ Abey - 4 November 2014
s23 award variation – Minister administering the State Service Act 2000 - AWU (Tasmanian State Sector) Award - Facility Attendants (Tasmanian State Service) AwardHealth and Human Services (Tasmanian State Service) Award - Port Arthur Historic Site Management Authority Award - meal allowance – overnight accommodation allowance– incidental allowance - consent matter – variation approved – operative date ffpp on or after 3 November 2014

T14255 - President TJ Abey - 4 November 2014
s23 award variation – Minister administering the State Service Act 2000 - TasTAFE Teaching Staff Award - Tasmanian Ambulance Service Award - Tasmanian State Service Award - Teaching Service (Tasmanian Public Sector) Award – meal allowance – overnight accommodation allowance– incidental allowance - consent matter – variation approved – operative date ffpp on or after 3 November 2014

T14258 and T14259 - Full Bench - 3 November 2014 - Recommendations
s23 award variation - The Community and Public Sector Union (State Public Services Federation Tasmania) Inc.,Health Services Union, Tasmania Branch, Australian Education Union, Tasmanian Branch and United Voice, Tasmanian Branch - Tasmanian State Service award and Health and Human Services (Tasmanian State Service) Award - applicant unions seek to defer a 2% wage increase due in December 2014 until 1 July 2015 - unions seek the inclusion of a Protection of Jobs clause to limit the extent of job losses in the 2014/15 financial year to 361 FTE positions as originally set out in the State Budget - State Government has a serious budget challenge which must be addressed - unions have a legitimate concern and objective to protect as many positions as possible - jurisdictional issues - best resolved through the consent of the parties - preamble to the Industrial Relations Act 1984 encourages workplace bargaining - public interest is paramount - section 36 of the Act requires the Commission to be satisfied that any award made or agreement approved is consistent with the public interest - recommendations made in the strongest possible terms:

1) That the wage increase due in December 2014, including the additional 0.5% increment at the top of each band, be deferred until December 2015.
2) That the wage increase due in December 2015, including the additional 1% incremental component, be deferred until December 2016.
3) That the Government undertakes to minimise to the extent possible future job losses. As an indication, we consider the 361 positions in the 2014/15 financial year and 699 over the forward estimates, as identified in the budget, should be the indicative target.
4) The parties are to confer as to what measures are to apply beyond 2015 which best meet the objectives of the respective parties.

T14233 - Full Bench - 20 October 2014
s70 appeal by Minister administering the State Service Act 2000 against a decision handed down by President Abey in matter T14123 of 2013 – termination of employment dispute – binding agreement – binding settlement – extinguished cause of action – appeal upheld – decision and order revoked

TR488 - Registrar AT Mahoney - 30 September 2014
Part V registered organizations – alteration of rules –  Health Services Union of Australia, Tasmania No. 2 Branch registration cancelled - Health Services Union of Australia, Tasmania No. 1 Branch renamed  to Health Services Union, Tasmania Branch – certificate of registration

T14239  - Deputy President NM Wells - 25 September 2014
s23 award variation – Minister administering the State Service Act 2000 - Nurses and Midwives (Tasmanian State Service) Award - renaming of award - negotiation of the Nurses and Midwifes Heads of Agreement 2010 - re-inclusion of the definition of a ‘year of service’ - entitlements of casual employees in the circumstance of the cancellation of work - clarification that Nurse Practitioners classified at Grade 8 under the Heads of Agreement 2010 and who work as shift workers are entitled to the usual shift entitlements of nurses at lower classifications - ‘Accumulated Leave Scheme’ made uniform with that contained in the Tasmanian State Service Award - correct referencing of clauses and miscellaneous minor amendments - consent order  - Order No. 4 of 2014 (Consolidated) issued – operative date from the first full pay period to commence on or after 23 September 2014


T14238 - President TJ Abey - 10 September 2014
s23 award variation – Minister administering the State Service Act 2000 - Tasmanian Ambulance Service Award – Appendix III – State Service Accumulated Leave Scheme – clause 3 Interpretation - ‘definition of ‘normal salary’ - variation approved – Order No. 3 of 2014 issued - operative date 9 September 2014

T14230 - President TJ Abey - 28 August 2014
s13 Long Service Leave Act 1976 - referred by the Secretary, Department of Justice, pursuant to s13 of the Long Service Leave Act 1976 - Gary Nilsson and Mercury Walch Pty Ltd (ACN: 162 726 276) – long service leave entitlement – deemed transmission of business – termination and crystallisation of long service leave entitlement – previous service - liability for accrued long service leave entitlement

T14234 - President TJ Abey - 12 August 2014
s29 industrial dispute - The Australian Workers’ Union, Tasmania Branch and Minister administering the State Service Act 2000 - payment of accommodation and meal allowances for employees engaged in the firefighting unit of the Department of Parks and Wildlife - the option of payment of actual expenses (whether by credit card or otherwise) provided for in subclause 3(a)(iii) above, may only be implemented in circumstances whereby the “employer and employee…enter into an arrangement where it is agreed that the actual cost …are to be paid…(my emphasis). It is not open to read sub clause 3(a)(iii)(3) relating to credit cards as separate and distinct from sub clause 3(a)(iii)(1) - in the absence of agreement to do otherwise, the allowances as specified in subclause 3(a)(i)(1) are to be paid

T14225 - President TJ Abey - 4 August 2014
s13 Long Service Leave Act 1976 - referred by the Secretary, Department of Justice, pursuant to s13 of the Long Service Leave Act 1976 - Sherlee Janine Quarrrell and Leigh Kelly Agencies Pty Ltd trading as Leigh Kelly Agencies - pro rata long service leave entitlement – continuity of service – regularly employed - period of reckonable service - order issued

T14223 - Full Bench - President TJ Abey, Deputy President NM Wells and Commissioner T Lee - 21 July 2014
s47AB - Tasmanian Minimum Wage rate determined at $640.90pw
s23 award variation - wage rates  – work related allowances increased by 3.0% - supported wage varied - operative date ffpp 1 August 2014 - orders to follow

T14228 - President TJ Abey - 10 July 2014
s23 award variation - Police Association of Tasmania - Police Award - expense allowances - consent order - operative on and from 17 July 2014

T14194 - Full Bench -  Deputy President NM Wells, Commissioner B Deegan and Commissioner T Lee - 11 July 2014
s14 LSL Act 1976 - appeal by RJ and L Terry Pty Ltd against a decision handed down by President Abey on 22/01/14 – T14109 of 2013 – order issued

T14184 - Full Bench - 30 June 2014
Full Bench - Deputy President NM Wells, Commissioner MA Gay and Commissioner T Lee
s70 appeal by United Voice, Tasmanian Branch against an order issued by President Abey on 31/1/14 – T14114 of 2013 – valid reason for termination found – double penalty – double jeopardy – procedural fairness – right to be heard – appeal dismissed

T14224 - President TJ Abey - 27 June 2014
s23 award variation - Australian Education Union, Tasmanian Branch - Teaching Service (Tasmanian Public Sector) Award - variations arising out of the 2013 agreement negotiations - clauses made consistent with the Tasmanian State Service Award – allowances – consent order to follow - variations approved – ffpp on or after 27 June 2014

T14123 - President TJ Abey - 26 June 2014
s29 industrial dispute – Dr Russell Everard McGregor v Minister administering the State Service Act 2000/Tasmanian Health Organisation – North West - alleged unfair termination of employment – jurisdictional issues – contract of employment – employment relationship – was there a valid application – was there a termination of employment – appointment and promotion – expectation of continuing employment – procedural fairness – valid reason for termination – found applicant unfairly terminated – parties directed to confer on remedy - order issued - Decision appealed by Minister administering the State Service Act 2000 in matter  T14233 of 2014 – binding agreement – binding settlement – extinguished cause of action – appeal upheld – decision and order revoked

T14222 - President TJ Abey - 23 June 2014
s23 award variation – Minister administering the State Service Act 2000 - AWU (Tasmanian State Sector) Award - Clause 3 of Part VI – Ordinary Hours of Work for Day Work – Bushfire Fighting – Appendix 2 - Fire Crew - Final Operational Structure - variation approved - order issued - operative ffpp on or after 23 June 2014

T14221 - President TJ Abey - 23 June 2014
s55 industrial agreement - AWU Bushfire Suppression Operations Industrial Agreement 2014 - Minister administering the State Service Act 2000 and - The Australian Workers' Union, Tasmanian Branch - agreement approved – operative date ffpp 23 June 2014 and remain in force for 2 years– forwarded to Registrar for registration

T14194 - Full Bench - Deputy President NM Wells, Commissioner B Deegan and Commissioner T Lee - 11 June 2014
s70 appeal by RJ and L Terry Pty Ltd against a decision handed down by President Abey on 22/01/14 – T14109 of 2013 –record of complaint – insufficient weight - gave weight to an irrelevant matter – whether payment capable of being offset against statutory entitlements – purpose of payment- submissions sought – directions issued on 6 June 2014 - directions issued on 13 March 2014

T13644- Reconstituted Full Bench - President TJ Abey, Deputy President NM Wells and Commissioner B Deegan - 23 May 2014
s70 appeal - Minister administering the State Service Act 2000 and Glenn E Gibson - Appeal against a decision handed down by Deputy President P C Shelley arising out of T13435 of 2009 - 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 - 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 - decision issued determining the merits of the matter - order issued assigning the classification of band 7

T14215 - President TJ Abey - 15 May 2014
s59 variation of an industrial agreement - Legal Practitioners Agreement 2014 - Minister administering the State Service Act 2000 (MASSA) and The Community and Public Sector Union, Tasmanian Branch (State Public Services Federation) Inc. - consent application – schedule 1 level 4 legal practitioners rates of pay varied - variation approved – order issued - operative date ffpp on or after 14 May 2014

T14020 - Full Bench - 11 April 2014
s23 award variation - Health Services Union of Australia, Tasmania No. 1 Branch - Tasmanian Ambulance Service Award - powers – jurisdiction - wage fixing principles – work value principle – datum point – datum period – professional rates– significant net addition – assessment of change – bargaining – award/agreement consolidation – no disadvantage test – paramedic – paramedic student – paramedic intern – intensive care paramedic – flight paramedic (fixed wing) – flight paramedic (helicopter) – branch station officer – clinical support officer – paramedic educator – extended care paramedic – manager – clinical practice guidelines – protocols – order issued

T14097 - President TJ Abey - 9 April 2014
s29 industrial dispute - Australian Nursing and Midwifery Federation (Tasmanian Branch) v Minister administering the State Service Act 2000 - Department of Health and Human Services – child and family health home visitor nurses – classification review – principles for award construction – mutuality of intention – applicant entitled to be heard on the merits - classification descriptors – application of descriptors - best fit - order issued - DECISION UNDER APPEAL

T14207 - President TJ Abey - 4 April 2014
s29 industrial dispute – The Community and Public Sector Union (State Public Services Federation Tasmania) Inc. v Minister administering the State Service Act 2000 - Department of Premier and Cabinet - ministerial driver arrangements - change in work arrangements - consultation and change – parties to observe relevant instruments during consultative process - direction issued

T14195 - Deputy President Wells - 24 March 2014
s23 award variation – Minister administering the State Service Act 2000 - Health and Human Services (Tasmanian State Service) Award – consent application – consent order issued – inclusion of corrections allowances in Part V Expense and Other Allowances – operative date from ffpp 24 March 2014

T14200 - Deputy President N Wells - 14 March 2014
s23 award variation – Minister administering the State Service Act 2000 - TasTAFE Teachers Award - consent application – consent order issued – allowances made uniform with those contained in the Tasmanian State Service Award where applicable - operative date from date of decision

T14145 - President TJ Abey - 13 March 2014
s29 industrial dispute - Peter Johnathan Pangas v Minister administering the State Service Act 2000 - Department of Primary Industries, Parks, Water and Environment - termination of employment – code of conduct investigation – standing of ED5 process in light of other proceedings in the Commission – preliminary investigation – imputed bias – procedural fairness – suspension and access to staff colleagues – alleged discriminatory action by management – irretrievable breakdown in the employment relationship – valid reason for termination found – procedural fairness afforded – application refused – accumulated flexi-time - order issued

T14189 - President TJ Abey - 24 February 2014
s55 industrial agreement Industrial agreement – Tasmanian State Service Rangers, Wildlife Operations Agreement 2014 - agreement approved – operative date ffpp 14 February 2014 and remain in force for 3 years– forwarded to Registrar for registration

T14188 - President TJ Abey - 24 February 2014
s55 industrial agreement – Allied Health Professionals (Tasmanian State Service) Agreement 2014 – agreement approved – operative date ffpp 14 February until 30 June 2016 – forwarded to Registrar for registration 

T14187 - Deputy President N Wells - 24 February 2014
s55 industrial agreement - Ambulance Tasmania Agreement 2013  - agreement approved – operative from date of registration until 30 November 2014 – forwarded to Registrar for registration

T14186 - President TJ Abey - 24 February 2014
s55 industrial agreement – Rural Medical Practitioners (Public Sector) Agreement 2011 - 2014 - agreement approved – operative date 1 July 2011 until 30 July 2014 – forwarded to Registrar for registration

 T14175 - Acting President N Wells - 11 February 2014
s55 industrial agreement – The Department of Infrastructure Energy and Resources (DIER) Engineers Industrial Agreement 2014 - application approved – operative from 3 December 2013 until 30 June 2016 – forwarded to Registrar for registration

T14173 - Acting President N Wells - 11 February 2014
s55 industrial agreement – Port Arthur Historic Site Management Authority Staff Agreement - application approved – operative from 3 December 2013 until 30 June 2016 – forwarded to Registrar for registration

T14172 - Acting President N Wells - 11 February 2014
s23 award variation - Minister administering the State Service Act 2000  - Port Arthur Historic Site Management Authority Award - award entitlements made uniform with those contained in the Tasmanian State Service Award where possible - consent order issued – operative date from the first full pay period on or after 1 December 2013 - order to follow

T14170 - Acting President N Wells - 11 February 2014
s55 industrial agreement – Legal Practitioners Agreement 2014 - application approved – operative from the date of registration until 31 July 2016 – forwarded to Registrar for registration - agreement varied – schedule 1 level 4 legal practitioners rates of pay - variation approved – order issued - operative date ffpp on or after 14 May 2014

T14168 - Acting President N Wells - 11 February 2014
s55 industrial agreement – Ministerial Drivers Industrial Agreement 2014 - application approved – operative from 3 December 2013 until 30 June 2016 – forwarded to Registrar for registration

T14156 - President TJ Abey - 31 January 2014
s23 award variation - Police Association of Tasmania - Police Award - salary increases - annual salary increments - availability and standby rates - detectives allowance - transfer expenses - definition of immediate family - cashing out of recreation leave - bereavement leave - parental leave - adoption leave - specialist capability group - no extra claims - consent matter - award consolidated - application granted operative ffpp on or after 24 January 2014 - order issued

T14158 - President TJ Abey - 31 January 2014
s32(7) rescission of the Police Departmental Employees Award – application by the Minister administering the State Service Act 2000 - employees covered by the Police Departmental Employees Award transferred to coverage under Tasmanian State Service Award – award no longer serves any useful purpose – application for rescission of the award granted - order issued - effective from 24 January 2014

T14114 - President TJ Abey - 31 January 2014
s29 industrial dispute - United Voice, Tasmanian Branch v Minister administering the State Service Act 2000 - Department of Justice - termination of employment of an employee – code of conduct investigation – strip search -  director’s standing orders – valid reason found – termination unfair and disproportionate to offence - demotion as a sanction – re-employment – continuity of employment - order issued

T14167 - Acting President N Wells - 31 January 2014
s23 award variation – Minister administering the State Service Act 2000 - Nurses and Midwifery (Tasmanian State Service) Award - variation – bring award into line with other primary awards in the State Service - variations are replications of clauses in the Health and Human Services (Tasmanian State Service) Award and the Tasmanian State Service Award - consent application – consent order issued – operative date from 31 January 2014

T14166 - Acting President N Wells
s55 industrial agreement – Australian Education Union, Tasmanian Branch and Minister administering the State Service Act 1984 - Teaching Service Salaries and Conditions of Employment Agreement 2014 - application approved – operative from 1 March 2014 until 31 March 2016 – forwarded to Registrar for registration

T14159 - Deputy President N Wells - 24 January 2014
s23 award variation – Minister administering the State Service Act 2000 - Polytechnic and Skills Institute Teaching Staff Award (renamed as TasTAFE Teachers Award) - consequential amendments - consent application – consent order issued – operative date for salaries from the first full pay period on or after 1 March 2014 – operative date for balance from 1 January 2014

T14160 - Deputy President N Wells - 23 January 2014
s55 industrial agreement – Australian Education Union, Tasmanian branch and the Minister administering the State Service Act 2000  - TasTAFE Teaching Staff Industrial Agreement 2014 - application approved – operative from 1 March 2014 until 28 February 2017 – wage rates effective from ffpp 1 March 2014 – forwarded to Registrar for registration

T14109 - President TJ Abey - 22 January 2014
s13 Long Service Leave Act 1976 - referred by the Secretary, Department of Justice, pursuant to s13 of the Long Service Leave Act 1976 - Mark Pyke and RD & DL Terry Pty Ltd - pro rata long service leave entitlement – employment terminated by the respondent for reasons other than serious and wilful misconduct - continuity of service – absence with leave of the employer – date of termination – offsetting of ex-gratia payment – order issued

T14143 - Deputy President Wells
s23 award variation – The Australian Workers’ Union, Tasmania Branch - AWU (Tasmanian State Service) Award - consent application - award entitlements made uniform with those contained in the Tasmanian State Service Award where there is no detriment to employees - consent order issued –operative date from the first full pay period to commence on or after 18 December 2013

T14155 - Decision Corrected - Deputy President N Wells
s55 industrial agreement - The Australian Workers’ Union, Tasmania branch (AWU) and the Minister administering the State Service Act 2000 - AWU Public Sector Unions Wages Agreement 2013 - agreement approved – operative from 3 December 2013 until 30 June 2016 – forwarded to Registrar for registration

T14116 - President TJ Abey - 15 January 2014
s23 award variation – Nurses (Tasmanian State Sector) Award 2012 - Minister administering the State Service Act 2000 - award renamed as  Nurses (Tasmanian State Service) Award 2013 - casual employees – casual loading - professional development – salaries – calculation for payment of salaries – accelerated advancement – enrolled nurse upgrade – registered nurse - nurse re-entry – practice programmes – allowances - more responsible duties allowance – higher duties allowance – professional development allowance – extra duties – hours of duty – banking of hours – full time employee – part time employee – reimbursement of childcare costs – work outside ordinary hours – cancellation of shifts - application granted operative fpp 18 December 2013 - order issued

T14131 - President TJ Abey- 8 January 2014
s23 award variation – Health and Human Services (Tasmanian State Service) Award - Minister administering the State Service Act 2000 - consequential to the registration of the Public Sector Unions Wages Agreement 2013 - definitions - casual employees – summary dismissal – work health and safety – salaries – superannuation – salary progression – graduates, cadets, apprentices and trainees – higher duties allowance – more responsible duties allowance – air fares for Bass Strait Islands –  workload management – reimbursement of child care costs – availability and recall – parental leave – personal leave – bereavement leave – state service accumulated leave scheme – jury service – purchased leave scheme – defence force leave – reimbursement of laundry costs – right of entry – consultation and change – application granted operative fpp 20 December 2013 - dental officers – appendix 11 operative ffpp 1 December 2013- order issued

T14130 - President TJ Abey- 8 January 2014
 s23 award variation – Tasmanian State Service Award - Minister administering the State Service Act 2000 - consequential to the registration of the Public Sector Unions Wages Agreement 2013 - definitions - casual employees – summary dismissal – work, health and safety – salaries – salary progression – graduates, cadets and trainees – higher duties allowance – more responsible duties allowance – air fares for Bass Strait – camping allowance – workload management – holidays with paid-parental leave – personal leave – bereavement leave –recreation leave – state service accumulated leave scheme – purchased leave scheme – defence force leave – reimbursement of laundry costs – right of entry – consultation and change – appendices – application granted operative fpp 18 December 2013 - order issued

T14141 - President TJ Abey- 2 January 2014
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 2013 - application approved – operative date from 1 July 2013 until 30 June 2014– forwarded to Registrar for registration

T14135 - President TJ Abey- 2 January 2014
s55 industrial agreement - Minister administering the State Service Act 2000, The Community and Public Sector Union (State Public Services Federation Tasmania Inc) and the Health Services Union of Australia, Tasmania No. 1 Branch - Radiation Therapists (State Service) Union Agreement 2013 - application approved – operative date from date of registration until 30 June 2016 – forwarded to Registrar for registration