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2017 Decisions

T14573 of 2017 - Filing of the Salaried Medical Practitioners (Tasmanian State Service) Agreement 2017  (doc, 53.5 KB)
Deputy President Ellis - 22 December 2017 s55(1) - Industrial Agreement - Application approved operative from 19 December 2017 - variation to clause 6(a)

T14519 of 2017 - Cohen v Northern Children's Network Inc. (docx, 47.4 KB)
President Barclay - 30 October 2017 - Long Service Leave 1976 - entitlement to long service leave - quantum - resignation - operation of s12(4) - ordinary pay - application dismissed

T14550 of 2017 - Filing of the Caseload Midwifery Agreement 2017  (doc, 60.0 KB)
Deputy President Wells - 8 September 2017 - Industrial agreement – application approved – operative from ffppooa date of registration – retrospective operative date for clause 9 from ffppooa 1 December 2016

T14531 of 2017 - Filing of the Legal Practitioners  Agreement 2017 (docx, 16.8 KB)
President Barclay - 27 June  2017- s55(1) - Industrial agreement - Application approved - operative from date of registration

T14525 of 2017 - Variation of the TasTAFE Teaching Staff Award (docx, 17.2 KB)
President Barclay - 27 June 2017 - s23(1) - Award variation — allowances – hours of work and overtime - shift workers - parental leave - consent order issued — operative date from 27 June 2017

T14522 of 2017 - Variation of the Teaching Service (Tasmanian Public Sector) Award (doc, 52.0 KB)
Deputy President Wells - 16 June 2017 - s23(1) - Award variation — allowances – consent order issued — operative date from 16 June 2017

T14523 of 2017 - Filing of the Teachers Agreement 2017 (doc, 51.0 KB)
Deputy President Wells - 16 June 2017 - s55(1) - Industrial agreement - Application approved - operative from date of registration until 30 June 2018

T14518 of 2017 - Variation of the Facility Attendants (Tasmanian State Service) Award, TasTAFE Teaching Staff Award and Teaching Service (Tasmanian Public Sector) Award (docx, 16.5 KB)
Deputy President Wells - 16 June 2017 - s23(1) - Award variation — wage related allowances – salaries  — consent order issued — operative date from 16 June 2017

T14517 of 2017 - Variation of the AWU (Tasmanian State Sector) Award, Custodial Officers Award and Port Arthur Historic Site Management Authority Award (docx, 16.6 KB)
Deputy President Wells - 16 June 2017 - s23(1) - Award variation — wage related allowances – salaries  — consent order issued — operative date from 16 June 2017

T14516 of 2017 - Variation of the Medical Practitioners Award, Nurses and Midwives (Tasmanian State Service) Award and Ambulance Tasmania Award (docx, 16.5 KB)
Deputy President Wells - 16 June 2017 - s23(1) - Award variation — wage related allowances – salaries  — consent order issued — operative date from 16 June 2017

T14515 of 2017 - Variation of the Tasmanian State Service Award and Health and Human Services (Tasmanian State Service) Award (docx, 15.8 KB)
Deputy President Wells - 16 June 2017 - s23(1) - Award variation — wage related allowances – salaries  — consent order issued — operative date from 16 June 2017

T14513 of 2017 - Variation of the Facility Attendants (Tasmanian State Service) Award (docx, 15.0 KB)
Deputy President Wells - 30 May 2017 - s23(1) - Award variation — meal allowance – travel allowance incidental – consent application — consent order issued — operative date from 8 May 2017

T14509 of 2017 - Filing of the Port Arthur Historic Site Management Authority Agreement 2016 (docx, 17.1 KB)
President Barclay - 30 May  2017- s55(1) - Industrial agreement - Application approved - operative from date of registration

T14508 of 2017 - Variation of the Port Arthur Historic Site Management Authority Award (docx, 16.8 KB)
President Barclay - 30 May  2017 - s23(1) - Award variation — leave - family violence leave - compassionate and bereavement leave - personal leave - consent application - order issued — operative date from 30 May 2017

T14503 of 2017 - Regester v Minister administering the State Service Act 2000/Tasmanian Health Service (pdf, 571.0 KB)
President Barclay - 24 May 2017 - s29(1) -  Application for status quo to remain while dispute relating to resignation from employment determined – what is status quo – application refused

T14229 of 2014 - Australian Nursing and Midwifery Federation (Tasmanian Branch) v Minister administering the State Service Act 2000 (doc, 201.0 KB)
Deputy President Wells - 19 May 2017 - s29(1) - Classification resolution process – nurses and midwives career structure – translation classification review – classification descriptors – classification standards – clinical nurse specialists – clinical nurse consultant – ‘best fit’ – order issued

T14506 of 2017 - Variation of the Police Award  (pdf, 422.0 KB)
President Barclay - 12 May 2017 - 23(1) - Award variation - allowances – hours of work and overtime – shift workers – parental leave- consent application - consent order issued - operative from 18 May 2017

T14500 of 2017 - Variation of Tasmanian State Service Award, Teaching Service (Tasmanian Public Sector) Award, TasTAFE Teaching Staff Award and AWU (Tasmanian State Sector) Award (pdf, 438.8 KB)
Deputy President Wells - 8 May 2017 - s23(1) - Award variation-meal allowance-travel allowance-consent application -consent order issued-operative date from 8 May 2017

T14499 of 2017 - Variation of Ambulance Tasmania Award and Nurses and Midwives (Tasmanian State Service) Award (pdf, 402.5 KB)
Deputy President Wells - 8 May 2017 - s23(1) - Award variation-meal allowance-travel allowance-consent application-consent order issued-operative date from 8 May 2017

T14498 of 2017 - Variation of Health and Human Services (Tasmanian State Service) Award and Port Arthur Historic Site Management Authority Award (docx, 14.9 KB)
Deputy President Wells - 8 May 2017 - s23(1) - Award variation-meal allowance-travel allowance-consent application-consent order issued-operative date from 8 May 2017

T14497 of 2017 - Filing of the Department of  State Growth Engineers Industrial Agreement 2016 (pdf, 345.0 KB)
President Barclay - 27 April 2017 - s55(2) - Industrial agreement - application approved - operative from date of registration - forwarded to Registrar for registration

T14478 of 2017 - S & L Bolter Pty Limited as Trustee for the S & L Bolter Family Trust trading as Kols Cleaning v Brown (docx, 45.3 KB)
Full bench - 26 April 2017 - Appeal against a decision handed down by a Commissioner on 30 January 2017 – T14424 of 2016 – jurisdiction – Long Service Leave Act s.14 - competency of appeal – threshold issue – absence of regulations prescribing manner of instituting, hearing and determining appeal – decision incapable of appeal – no appeal lies

T14502 of 2017 - Filing of the Ministerial Drivers Industrial Agreement 2016 (pdf, 393.5 KB)
President Barclay - 24 April 2017 - s55(2) - Industrial agreement - application approved - operative from 24 April 2017 - forwarded to Registrar for registration

T14449 of 2016 - Assiri v Minister administering the State Service Act 2000 (doc, 45.0 KB)
Deputy President Wells - 21 April 2017 - s29(1A) - Application to summons witnesses to give evidence – power to summons witnesses discretionary – summons to issue

T14493 of 2017 - Filing of the Department of Treasury and Finance Retirement Benefits Fund (RBF) Integration Agreement 2016 (docx, 19.9 KB)
President Barclay - 30 March 2017 - s55(2) - Industrial agreement - application approved - operative from 1 April 2017 - forwarded to Registrar for registration

T14488 of 2017 - Filing of the Tasmanian Fire fighting Industry Employees' Industrial Agreement 2016 (docx, 19.6 KB)
President Barclay - 27 March 2017 - s55(2) - Industrial agreement - application approved - operative from date of registration -

T14451 of 2016 - Boutcher v Workforce Development Pty Ltd (docx, 39.3 KB)
Deputy President Wells - 8 March 2017 - Long Service Leave Act 1976 – operation of s8(2) and s8(3) – entitlement to pro rata long service leave – was qualifying period of service completed - was employment terminated for serious and wilful misconduct – effect of s8(3)(d) of the Long Service Leave Act 1976 – order issued

T14479 of 2017 - Variation of the Nurses and Midwives (Tasmanian State Service) Award (pdf, 384.8 KB)
President Barclay - 24 February 2017 - 23(1) - Award variation - allowances – hours of work and overtime – shift workers – parental leave- consent application - consent order issued - operative from date of approval

T14453 and T14454 of 2016 - Johns and Conolon v Fork Truck Specialists Pty Ltd (doc, 77.5 KB)
Deputy President Wells - 14 February 2017 - Entitlement to pro rata long service leave – Long Service Leave Act 1976 – whether pressing necessity – found not to be a pressing necessity – application dismissed

T14424 of 2016 - Brown v Kols Cleaning Service (docx, 137.3 KB)
Commissioner M A Gay - 30 January 2017 - s13(2) Long Service Leave Act 1976 – operation of s.8(2) and (3) – pro rata leave when employment terminated for serious and wilful misconduct – such serious and wilful misconduct contested – claimed estoppel consequent upon Deed agreed in Fair Work Commission conciliation – effect of s.8(3)(d) of the Long Service Leave Act 1976, serious and wilful misconduct – lawful direction of employer – finding re conduct within s.8 (3)(d) – order issued

T14474 of 2017 - Variation of the Education Facility Attendant Salaries and Conditions of Employment Industrial Agreement 2016 (docx, 17.9 KB)
President Barclay - 25 January 2017 - Industrial agreement - application approved - operative from date of registration - forwarded to Registrar for registration

T14473 of 2017 - Variation of the Facility Attendants (Tasmanian State Service) Award  (docx, 68.0 KB)
President Barclay - 24 January 2017 - 23(1) - Award variation - availability and recall – time off in lieu of overtime - consent application - consent order issued - operative date 1 December 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

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

T14398 of 2016 ANMF (Tasmanian Branch) v MASSA/DHHS - (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

T14429 of 2016  Wolf v Minister administering the State Service Act 2000  (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

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