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2016 Decisions

T14386 of 2016 (doc, 48.0 KB)
long service leave – s11 long service leave act 1976 - computation of ordinary pay – nature of continuous employment

T14399 of 2016 (pdf, 448.2 KB)
Acting President Wells - 2 May 2016 Industrial agreement – correctional officers agreement 2013 – replacement of clause 18 classification structure and progression arrangements – variation approved – operative date 2 May 2016

T14469 of 2016 – Correctional Officers Agreement 2016 (docx, 103.5 KB)
President Barclay - 23 December 2016 Industrial agreement - application approved - operative from date of registration - forwarded to Registrar for registration

T14466 of 2016 – Variation of the Facilities Attendants (Tasmanian State Service) Award (docx, 73.4 KB)
President Barclay - 23 December 2016 Award variation - family violence leave - compassionate and bereavement leave - parental leave - consent application - consent order issued - operative date 22 December 2016

T14467 of 2016 – Variation of the AWU (Tasmanian State Sector) Award (docx, 77.8 KB)
President Barclay - 23 December 2016 Award variation - family violence leave - compassionate and bereavement leave - parental leave - consent application - consent order issued - operative date 22 December 2016

T14465 of 2016 – Variation of the Health and Human Services (Tasmanian State Service) Award (docx, 80.5 KB)
President Barclay - 23 December 2016 Award variation - family violence leave - compassionate and bereavement leave - parental leave- consent application - consent order issued - operative date 22 December 2016

T14464 of 2016 – Variation of the Tasmanian State Service Award (docx, 80.2 KB)
President Barclay - 23 December 2016 Award variation - family violence leave - compassionate and bereavement leave- parental leave - consent application - consent order issued - operative date 22 December 2016

T14463 of 2016 – AWU Public Sector Union Wages Agreement 2016 (docx, 71.9 KB)
President Barclay - 23 December 2016 Industrial agreement - application approved - operative from date of registration - forwarded to Registrar for registration

T14462 of 2016 – Education Facility Attendant Salaries and Conditions of Employment Industrial Agreement 2016 (docx, 89.3 KB)
President Barclay - 23 December 2016 Industrial agreement - application approved - operative from date of registration - forwarded to Registrar for registration

T14461 of 2016 – Dental Officers Agreement 2016 (docx, 82.4 KB)
President Barclay - 23 December 2016 Industrial agreement- application approved - operative from date of registration - forwarded to Registrar for registration

T14460 of 2016 – Radiation Therapists Agreement 2016 (docx, 76.9 KB)
President Barclay - 23 December 2016 Industrial agreement - application approved - operative from date of registration - forwarded to Registrar for registration

T14459 of 2016 – Allied Health Professionals Public Sector Unions Wage Agreement 2016 (docx, 75.0 KB)
President Barclay - 23 December 2016 Industrial agreement - application approved - operative from date of registration - forwarded to Registrar for registration

T14458 of 2016 – Public Sector Unions Wages Agreement 2016 (docx, 81.6 KB)
President Barclay - 23 December 2016 Industrial agreement - application approved- operative from date of registration - forwarded to Registrar for registration

T14443 of 2016 MASSA & ANMF variation of the Nurses and Midwives (Tasmanian State Service) Agreement 2014 (doc, 41.0 KB)
Acting President Wells - 19 October 2016 Industrial agreement – nurses and midwives (tasmanian state service) Agreement 2014 – replacement of appendix e ‘nursing hours per patient day model’ – variation approved – operative date is date of the decision

T14429 of 2016 Wolf v MASSA  (docx, 94.1 KB)
Full Bench - 15 November 2016 Appeal against a decision handed down by Acting President Wells on 18 July 2016 – T14390 of 2016 – jurisdiction – competency of appeal – threshold issue – decision did not contain an order – decision incapable of appeal – no appeal lies

T14427 of 2016 MASSA Variation of Tasmanian State Service Award (doc, 51.5 KB)
Acting President Wells - 9 August 2016 Award variation – appendix 9 special provisions for certain employees of the Department of Police, Fire and Emergency Management - consent application – consent order issued – operative date from the first full pay period on or after the date of this decision

T14425 of 2016 PAT & Commission of Police (doc, 51.0 KB)
Acting President Wells - 9 August 2016 Award variation – allowances - consent application – consent order issued – variable operative date

T14420 of 2016 Tasmanian Trades and Labor Council (doc, 45.5 KB)
Full Bench - 17 August 2016 Wage Rates - Tasmanian Minimum Wage rate determined at $672.70pw - s47AB – work related allowances increased by 2.4% - supported wage varied - operative date from first full pay period on or after 1 August 2016

T14407 of 2016 PAT & Commissioner of Police (doc, 51.0 KB)
Acting President Wells - 3 June 2016 Award variation – consent application – consent order issued – operative date first full pay period on or after 3 June 2016

Shepherd v MASSA (docx, 38.9 KB)
Full Bench - 26 May 2016 Appeal against a decision handed down by President Abey on 18/2/16 – T14368 of 2015 – jurisdiction – competency of appeal – threshold issue – decision did not contain an order – decision incapable of appeal – no appeal lies

T14386 of 2016  (doc, 112.5 KB)
Full Bench - 9 June 2016 appeal against a decision to vary an award in T14358 of 2015 of Abey P - appeal upheld – decision revoked in part – parties to draft new order, leave to apply

T14381 of 2015 (docx, 67.8 KB)
Commissioner M A Gay - 30 June 2016 Long service leave – s11 long service leave act 1976 - computation of ordinary pay – nature of continuous employment

T14358 of 2015 (doc, 80.0 KB)
Award variation – comprehensive review arising out of T14112 of 2015 - operative date 23 January 2016

T14301 of 2015 (doc, 124.5 KB)
Acting President Wells - 28 July 2016 Promotion without advertising – alleged inappropriate behaviour – bullying – Employment Direction No. 1 – ED1 – industrial matter – industrial matter does not include appointments or promotions – no jurisdiction for part of application

T14385 of 2015 (doc, 81.5 KB)
Deputy President Wells - 19 February 2016 - imposition of bans and limitations

T14398-16 ANMF v MASSA 2000 - DHHS - Decision 21 November 2016 (docx, 111.3 KB)
Commissioner Gay - 21 November 2016 -Industrial dispute – application pursuant to s.29(1) of the Industrial Relations Act 1984 – dispute as to application of an agreement - anomalous pay progression classifications under agreement - beneficial interpretation of an instrument - text considered - application for order denied

T14392 of 2016 Ludeke v Minister administering the State Service Act 2000/Tasmanian Fire Service (pdf, 111.8 KB)
Commissioner Gay - s29(1) – 15 September 2016-Car parking entitlement – s31 of the Industrial Relations Act 1984 – s19(1) of the Industrial Relations Act 1984– s38 of the State Services Act – jurisdictional limitation

T14375 of 2015 Variation of the Tasmanian State Service Award (doc, 47.5 KB)
Acting President Wells - Section 23 - 21 December 2015 - increase in meal and travel allowances - consent order issued – operative date from the first full pay period to commence on or after 21 December 2015

T14434 of 2016 MASSA & HSU filing of the Ambulance Tasmania Industrial Agreement 2016 (doc, 50.0 KB)
Acting President Wells -s55 - 22 August 2016 - Filing of Industrial agreement – operative from ffpp on or after 23 August 2016

T14311 of 2015 ANMF v MASSA2000/THS Northern Region (doc, 206.5 KB)
Acting President Wells - s29(1) - 16 March 2016 - amalgamation of director of nursing roles – alleged breach of agreement – appendix E nursing hours per patient day model – alleged breach of ‘no extra claims’ – classification descriptors – statutory interpretation – application dismissed

T14368 of 2015 Shepherd v MASSA-DOJ (doc, 147.5 KB)
President Abey - s29(1A) - 18 February 2016 - termination of employment – abalone licensing - code of conduct – employment direction 5 – legal professional privilege – improper use of information gained in course of employment – valid reason for termination - application dismissed

T14366 of 2015 Interpretation of Award (doc, 42.0 KB)
President Abey - s43(1) - 18 January 2016 - Interpretation of Health and Human Service Award – part VIII clause 1(g) - provisions for shift work - payment of penalty rates is limited to a circumstance whereby an employee’s place on the roster is changed without the giving of at least one weeks’ notice – operative date 1 March 2015