Department of Justice

Tasmanian Industrial Commission

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2021

T14878 of 2021 - Health Services Union, Tasmania Branch v  Minister administering the State Service Act 2000/Tasmanian Health Service (PDF, 236.9 KB)
President Barclay - 31 December 2021 - Application in relation to threatened or impending termination of employment – jurisdiction – whether an industrial dispute – alleged impartiality of investigator – Employment Direction 5 – whether rule against bias of decision makers applies to the investigator

T14874 of 2021 - Variation of the Police Award (PDF, 703.3 KB)
President Barclay - 14 December 2021 - Award variation – salary based allowance - consent application - operative from the first full pay period commencing on or after 1 December 2021

T14862 of 2021 - Filing of the Ambulance Tasmania – Paramedic Immuniser Agreement 2021 (PDF, 947.2 KB)
President Barclay - 23 September 2021 - Industrial agreement – application approved – agreement applies with effect from the date of registration and will remain in force until 30 June 2022

T14860 of 2021 - Filing of AWU Bushfire Suppression Operations and Planned Burns Agreement 2021 (PDF, 589.3 KB)
President Barclay - 9 September 2021 - Industrial agreement – application approved – agreement applies with effect from 9 September 2021 and will remain in force until 30 June 2024

T14856 of 2021 - Variation of the Police Award (PDF, 678.1 KB)
President Barclay - 23 August 2021 - Award variation – expense allowances - consent application - operative from the first full pay period commencing on or after 22 July 2021

T14855 of 2021- Filing of Department Of Police, Fire & Emergency Management (Cpsu) Incident Management Operations Industrial Agreement 2020 (PDF, 535.1 KB)
Deputy President Ellis - 5 August 2021 - Industrial agreement – application approved –agreement operative from 1 October 2020 and will remain in force until 1 April 2021

T14854 of 2021- Filing of Police Officers Domestic Hotel Quarantine Agreement 2021 (PDF, 176.8 KB)
Deputy President Ellis - 30 July 201 - Industrial agreement – application approved – agreement operative from 8 January 2021 and will remain in force until 31 October 2021

T14853 of 2021  -  Frank, Vincze  v  Abt Railway Ministerial Corporation t/a West Coast Wilderness Railway ABN 97 434 110 683 (PDF, 904.0 KB)
President Barclay - 6 December 2021 - Application for remedy for unfair dismissal – whether parties are a national system employee and employer – whether Commission has jurisdiction to hear and determine matter

T14850 of 2021 - Health Services Union, Tasmania Branch v Minister administering the State Service Act 2000/Tasmanian Health Service (PDF, 234.9 KB)
Deputy President Ellis - 10 September 2021  - Industrial dispute - preliminary jurisdictional matter - whether application requires exercise of arbitral or judicial power - role of the union and current and future members – dispute resolution clauses-preliminary application dismissed

T14848 of 2021- Filing of Domestic Hotel Quarantine Agreement 2021 (PDF, 203.8 KB)
Deputy President Ellis - 20 May 2021 - Industrial agreement – application approved –agreement operative from 8 January 2021 and will remain in force until 30 June 2021

T14841 of 2021 - Variation of the Health and Human Services (Tasmanian State Service) Award (PDF, 631.8 KB)
President Barclay - 17 March 2021 - Award variation – extension of scope time frame- consent application - operative from 1 July 2018 until 31 March 2022

T14840 of 2021 - Deverell v Minister administering the State Service Act 2000/Department of Police, Fire and Emergency Management (PDF, 991.2 KB)
President Barclay - 24 May 2021 - Application alleging breach of the Firefighting Industrial Agreement arising from resignation from employment – date of resignation – resignation letter silent as to notice – what notice given – application dismissed

T14839 of 2021 - Variation of the Tasmanian State Service and Health and Human Services (Tasmanian State Service) Awards (PDF, 403.3 KB)
Deputy President Ellis - 23 March 2021 - Award variation – travel and meal allowances - award interest - operative date from first full pay period on or after date of approval.

T14838 of 2021 - Variation of the Facility Attendants (Tasmanian State Service), TasTAFE Teaching Staff and Teaching Service (Tasmanian State Service) Awards (PDF, 776.3 KB)
Deputy President Ellis - 23 March 2021 - Award variation – travel, meal, camping and private vehicle allowances - operative date from first full pay period on or after date of approval.

T14837 of 2021 - Variation of the AWU (Tasmanian State Sector) and Port Arthur Historic Site Management Authority Awards (PDF, 753.5 KB)
Deputy President Ellis - 23 March 2021 - Award variation – meal travel and private motor vehicle allowances - operative date from first full pay period on or after date of approval

T14836 of 2021 - Variation of the Nurses and Midwives (Tasmanian State Service), Ambulance Tasmania and Medical Practitioners (Tasmanian State Service) Awards (PDF, 461.1 KB)
Deputy President Ellis - 23 March 2021 - Award variation – travel and meal and private motor vehicle allowances - operative date from first full pay period on or after date of approval

T14831 of 2021 - Ai-Ming Wong v Minister administering the State Service Act 2000 – Tasmanian Health Service
President Barclay - 1 November 2021 - Application in relation to Long Service Leave – recognition of interstate long service leave – Victorian State servant resigning from employment in Victoria and commencing employment is Tasmanian State Service

T14827 of 2021 -  Feldman v Bulk Frozen Foods ABN 17 009 520 512 T/A Robbies Wholesale (PDF, 1.1 MB)
President Barclay - 7 June 2021 - Long Service Leave claim – illness of such a nature at to justify terminating employment – whether illness justified applicant terminating employment - Application Dismissed

T14826 of 2021 - (Decision No. 1) Dolly-Neo Marope and Minister administering the State Service Act 2000 – Tasmanian Health Service  (PDF, 114.2 KB)
President Barclay - 28 April 2021 - Unfair dismissal – former employee in fixed term employment – application to dismiss on basis that the applicant had no reasonable expectation of ongoing employment – construction of s 30 of Industrial Relations Act considered

T14825 of 2020 - Filing of the Governor of Tasmania Employee Agreement 2020 (PDF, 737.9 KB)
Deputy President Ellis - 4 February 2021- Industrial agreement – application approved - effective from date of registration and will remain in force until 30 June 2022 - forwarded to Registrar for registration

T14824 of 2020 - Variation of the Governor of Tasmania Employee Award (PDF, 557.3 KB)
Full Bench -  2 March 2021 - Award variation – Approval of Governor of Tasmania Employee Award - effective from 2 March 2021

T14822 of 2020 - Variation of the Facility Attendants (Tasmanian State Service), TasTAFE Teaching Staff and Teaching Service (Tasmanian Public Sector) Awards (PDF, 514.5 KB)
Deputy President Ellis - 4 February 2021 - Award variation – salaries and related matters - expenses and other allowances- hours of work - award interest - first aid allowance - operative date from the first full pay period on or after 1 July 2020

T14821 of 2020 - Variation of the Nurses and Midwives (Tasmanian State Service) and Ambulance Tasmania Awards (PDF, 450.1 KB)
Deputy President Ellis - 4 February 2021 - Award variation – allowances - hours of work and overtime – salaries and related matters, superannuation – leave - holidays with pay - operative date from the first full pay period on or after 1 July 2020

T14820 of 2020 - Variation of the Tasmanian State Service and Health and Human Services (Tasmanian State Service) Awards (PDF, 566.4 KB)
Deputy President Ellis - 4 February 2021 - Award variation – Part II Salaries and Related Matters - Expenses and Other Allowances - Hours of Work and Overtime for Day Work - Appendix 16 Teacher Assistants, Vet Student Assistants and Participation Assistants Department of Education - Appendix II - Dental Officers-operative date from the first full pay period on or after 1 July 2020

T14819 of 2020 - Variation of the AWU (Tasmanian State Sector),Custodial Officers and Port Arthur Historic Site Management Authority Awards (PDF, 502.8 KB)
Deputy President Ellis - 4 February 2021 - Award variation – salaries and related matters - expense and other allowances - hours of work and overtime for day work- operative date from the first full pay period on or after 1 July 2020

T14818 of 2020 - Variation of the Teaching Service (Tasmanian Public Sector) Award (PDF, 285.8 KB)
Deputy President Ellis- 4 February 2021 - Award variation – Part III - Salaries and Related Matters clause 3 Classification Definitions Education Support Specialist - consent application - operative date from 1 February 2021

T14811 of 2020 - Variation of Public Sector Awards (PDF, 583.9 KB)
Full Bench -  2 March 2021 - Wage Rates - Tasmanian minimum wage rate determined at $753.80 pw – s47AB - supported wage varied to $89.00pw –training wage increases by 1.75% - operative date from 1 August 2020

T14775 of 2020 - United Firefighters Union of Australia, Tasmania Branch v Minister administering the State Service Act 2000/Department of Police, Fire and Emergency Management (PDF, 330.1 KB)
Deputy President Ellis -31 March 2021 - Industrial dispute - alleged breach of agreement – holidays with pay - meaning of Part VI, Clause 3(a)(ii) ‘Holidays With Pay’ – overtime worked on a public holiday - offsetting entitlements - application granted

T14734 of 2020 - Health Service Union, Tasmania Branch v Minister administering the State Service Act 2000 – Tasmanian Health Service (PDF, 1.7 MB)
President Barclay - 29 April 2021 - Industrial dispute – Classification – Health and Human Services (Tasmanian State Service) Award - Hospital Aides – whether HSO 3 or HSO 4 - Application Dismissed

T14692 of 2020 - Moss v Minister administering the State Service Act 2000/Tasmanian Health Service (PDF, 302.1 KB)
Deputy President Ellis - 25 January 2021 - Alleged unfair termination of employment –valid reason for termination found-unfair dismissal due to lack of payment of notice period-order issued

T14691 of 2019 - Woods v Minister administering the State Service Act 2000 – Tasmanian Health Service (PDF, 357.3 KB)
Deputy President Ellis -  8 July 2021 - Alleged unfair termination of employment – former employee in fixed term employment – application to dismiss on basis that applicant had no reasonable expectation of ongoing employment – construction of s 30 of Industrial Relations Act - State employee - State service employee – preliminary jurisdictional application dismissed - exceptional circumstances found - extension of time granted

T14144 of 2014 - Marion Starosta v Minister administering the State Service Act 2000 – Tasmanian Health Service/Formerly Department of Health and Human Services (PDF, 1.1 MB)
President Barclay - 29 October 2021 - Application for Reclassification arising out of translation – Interlocutory Application for Dismissal for Want of Prosecution

T14152 of 2014  - Catherine McClaine v Ministering Administering the State Service Act 2000 - Tasmanian Health Service/Formerly Department of Health and Human Services (PDF, 945.4 KB)
President Barclay - 29 October 2021 - Application for Reclassification arising out of translation – Interlocutory Application for Dismissal for Want of Prosecution