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2018 Decisions

T14582 of 2018 Appeal against a decision - Dudley v Minister administering the State service Act 2000-Tasmanian Health Service (pdf, 1.3 MB)
Full Bench - 29 November 2018 - Appeal against a decision handed down by Commissioner Gay on 2 February 2018 – T14448 of 2016 – jurisdiction – competency of appeal – threshold issue – decision did not contain an order – principles in “Bennett” apply – decision incapable of appeal – no appeal lies

T14533 of 2017 - The Australian Worker’s Union v Minister administering the State Service Act 2000 (Department of Primary Industry, Parks Water and Environment)  (pdf, 8.4 MB)
President Barclay - 14 November 2018

T14449 of 2016 Assiri v Minister administering the State Service Act 2000 (pdf, 1.1 MB)
President Barclay - 28 September 2018 - Alleged Unfair Dismissal – fixed term employee – whether state service employee can be a casual employee - reasonable expectation of ongoing employment – ability of Commission to revisit interlocutory decision as to jurisdiction – decision reviewed – no reasonable expectation of ongoing employment – application dismissed

T14581 of 2018 Quinn v Minister administering the State Service Act 2000/ Department of Primary Industries, Parks, Water and Environment (pdf, 2.6 MB)
Deputy President Ellis - 17 August 2018 - Industrial dispute - award interpretation - shift worker - span of hours - overtime for shift work - night shift penalty - change of shift commencement time - application dismissed

T14611 of 2018 Variation of Police Award (pdf, 506.7 KB)
Deputy President Ellis - 1 August 2018 - Award variation - allowances - consent application - variable operative dates

T14577 of 2018 Tubb v Stefano Lubiana Wines Pty Ltd (pdf, 1.2 MB)
President Barclay - 31 July 2018 - Long Service Leave Act 1976 – entitlement to long service leave – Section 8(2)(c) of Act– definition of pressing necessity – lack of pressing necessity- application dismissed

T14610 of 2018 Variation of the Facility Attendants (Tasmanian State Service) Award, TasTAFE Teaching Staff Award and the Teaching service (Tasmanian Public Sector) Award (pdf, 322.7 KB)
Deputy President N Ellis -  13 July 2018 - Award variation— salary table replacement–wage related allowances –call arrangements– consent application— consent order issued — operative date from the FFPPOA 1 July 2018

T14609 of 2018 variation of the AWU (Tasmanian State Sector) AWARD, Custodial Officers Award and the Port Arthur Historic Site Management Authority Award (pdf, 429.7 KB)
Deputy President N Ellis -  13 July 2018 - Award variation— salary table replacement–wage related allowances –call arrangements– consent application— consent order issued — operative date from the FFPPOA 1 July 2018

T14608 of 2018 variation of the Tasmanian State Service Award and the Health and Human Services (Tasmanian State Service) Award (pdf, 420.7 KB)
Deputy President N Ellis -  13 July 2018 - Award variation— salary table replacement–expense and other allowances– availability and recall allowances– consent application— consent order issued— operative date from the FFPPOA 1 July 2018

T14607 of 2018 Variation of the Nurses and Midwives (Tasmanian State Service) Award and the Ambulance Tasmania Award
Deputy President N Ellis -  13 July 2018 - Award variation— salary table replacement–wage related allowances –call arrangements– consent application— consent order issued — operative date from the FFPPOA 1 July 2018

T14532 of 2017 Community and Public Service Union, SPSFT Inc. Tasmanian Branch and Minister administering the State Service Act 2000/Department of Primary Industry, Parks Water and Environment) (pdf, 2.0 MB)
President D Barclay - 4 July 2018 - Industrial dispute- entitlement to travel allowance- camping allowance- Award interpretation- overnight accommodation allowance – requires an expense for accommodation to be incurred before payable – camping allowance not payable

T14604 of 2018 Filing of the ALLIED HEALTH PROFESSIONALS PUBLIC SECTOR UNIONS WAGES AGREEMENT 2016 No. 2 (pdf, 409.2 KB)
President D Barclay - 29 June 2018 - Industrial agreement - application approved - operative from 22 December 2016 and shall remain in force until 30 June 2018 - forwarded to Registrar for registration

T14603 of 2017 variation of the Health and Human Services (Tasmanian State Service) Award (pdf, 298.8 KB)
President D Barclay - 29 June 2018 - Award variation – state service (restructuring) order 2018 – scope - consent application - operative from 1 July 2018

T14597 of 2018 Filing of the Nurses and Midwives (Tasmanian State Service) Agreement 2016 No 2 (pdf, 392.6 KB)
President D Barclay - 29 June 2018 - Industrial agreement - application approved - operative from date of registration - forwarded to Registrar for registration

T14598 of 2018 Variation of the Police Award (pdf, 421.4 KB)
President D Barclay - 29 June 2018 - Award variation – expense allowances – country police station allowance - consent application - operative from 27 June 2018

T14591 of 2018 Australian Education Union and Minister Administering the State Service Act 2000/Department of Education (pdf, 2.3 MB)
Deputy President N Ellis - 19 June 2018 - Jurisdictional argument - industrial dispute - industrial matter - terms and conditions of employment - review of action - powers of employment directions - application dismissed

This is a redacted version of a decision previously made and has had the names de-identified to protect the identity of the young person
T14576 of 2018  (pdf, 244.0 KB)- Deputy President N Ellis - 24 May 2018 - Alleged unfair termination of employment- whether valid reason for dismissal- out of hours conduct-procedural fairness- dismissal found to not be unfair- application dismissed

T14590 of 2018 Variation of the Facility Attendants (Tasmanian State Service) Award (pdf, 319.2 KB)
Deputy President N Ellis - 2 May 2018 - Award variation- consolidation of student hostel employee conditions in new appendix C- consent application- consent order issued- operative date from the first full pay period from the date of this decision

T14585 of 2018 - Variation of the Teaching Service (Tasmanian Public Service) Award (pdf, 316.1 KB)
Deputy President N Ellis -  28 March 2018 - Award variation - new appointments and promotions- new band 4 classification - new Band 1 Level 13 - new classification definition for Senior Education Manager/Director- consent application- consent order issued- operative date 28 March 2018

This is a redacted version of a decision previously made and is being made public in the public interest in accordance with the relevant guidelines
Applicant No. 1 of 2018 and A Department of the State of Tasmania (pdf, 772.6 KB)
President D Barclay - 28 March 2018  - Decision by Acting Secretary to commence investigation pursuant to clause 7.1 of employment direction 5 – procedural fairness – whether applicant entitled to procedural fairness at the time decision made – held – not entitled to procedural fairness at that stage of ED 5 process

T14538 of 2017 Fairbrother and Minister administering the State Service Act 2000/Department of Primary Industries, Parks, Water and Environment (pdf, 3.2 MB)
Deputy President N Ellis -  20 March 2018 - Alleged unfair termination of probationary employment- reasonable expectation of ongoing employment- support during probation- whether valid reason for dismissal- procedural fairness- dismissal found to not be unfair- application dismissed

T14448 of 2016 Dudley v Minister administering the State Service Act 2000 –Tasmanian Health Service (pdf, 858.7 KB)
Commissioner M Gay - 2 February 2018 - Termination of employment - alleged breach of State Service Code of Conduct - Tasmanian Health Service Workplace Behaviour Protocol - Hospital policy and procedures - Previous warnings - Previous proceedings - Procedural fairness – WHS - Valid reason, Investigations, Harassment and misconduct by text message – Code of Conduct breach established ­– THS protocol breach established