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Tasmanian Industrial Commission

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2023

T15064 of 2023 - Variation of the Tasmanian Firefighting Industry Employees Award [2023] TASIC 45 (PDF, 167.9 KB)
President Barclay - 7 September 2023 - Variation of award – updated employment categories – superannuation - leave provisions – consent application – consent order issued – operative date of the variations, save the variations to clause 7 of Part 1 and clause 1 of Part 2, of the first full pay period commencing on or after 1 December 2022. The variations to clause 7 of Part 1 and clause 8 of Part 2 will be from 5 September 2023.

T15065 of 2023 - Variation of Firefighting Industrial Agreement No. 2 of 2022 [2023] TASIC 46 (PDF, 147.3 KB)
President Barclay - 7 September 2023 - Industrial agreement – variation to delete personal leave clause – application approved – effective from the first full pay period commencing on or after 1 December 2022

T15052 of 2023 - Variation of the Nurses and Midwives (Tasmanian State Service) Award and the Ambulance Tasmania Award [2023] TASIC 39 (PDF, 132.0 KB)
Deputy President Ellis -16 August 2023 - Award variations – salary tables updated-adjustment to wage related allowances mechanism increased by 2.35% - Professional Development Allowance - Paramedic Specialist Allowance - miscellaneous amendments to Ambulance Tasmania Award to include “Ordinary rate of pay” to replace normal salary rate reference - additional 12 weeks of paid parental leave to secondary caregiver – salary tables and wage-related allowances effective from the first full pay period commencing on or after the dates prescribed in the award mechanism – miscellaneous variations effective from the first full period on or after 1 December 2022

T15051 of 2023 - Variation of the AWU (Tasmanian State Sector) Award, the Custodial Officers Award and the Port Arthur Historic Site Management Authority Award [2023] TASIC 40 (PDF, 130.6 KB)
Deputy President Ellis -16 August 2023 -  Award variations – salary tables updated - adjustment to wage related allowances mechanism increased by 2.35% - miscellaneous amendments to include “normal salary rate” to replace normal rate of pay reference - additional 12 weeks of paid parental leave to secondary caregiver - renumbering clauses to reflect new location of subclause – salary table and work-related allowances effective from the first full pay period commencing on or after 1 July 2022, in line with award mechanism – miscellaneous amendments effective from the first full pay period commencing on or after 1 December 2022

T15050 of 2023 - Variation of the Tasmanian State Service Award and the Health and Human Services Award [2023] TASIC 41 (PDF, 130.5 KB)
Deputy President Ellis -16 August 2023 -  Award variations - salary tables updated - adjustment to wage related allowances increased by 2.35% - Awards to include “normal salary rate” reference - additional 12 weeks of paid parental leave to secondary caregiver -renumbering to reflect new location of subclause – salary tables and wage-related allowances effective from the first full pay period commencing on or after 1 July 2022 – miscellaneous variations effective from the first full pay period commencing on or after 1 December 2022

T15049 of 2023 - Variation of the Facility Attendants (Tasmanian State Service) Award and the Teaching Service (Tasmanian Public Sector) Award [2023] TASIC 38 (PDF, 118.8 KB)
Deputy President Ellis -16 August 2023 - Award variations – salary tables updated - adjustment to wage related allowances mechanism increased by 2.35% - miscellaneous amendments to Facility Attendants (Tasmanian State Service) Award to include “Ordinary rate of pay” to replace normal salary rate - additional 12 weeks of paid parental leave to secondary caregiver - variations to salaries and wage-related allowances effective from the first full pay period commencing on or after 1 July 2022 – other variations effective from the first full pay period commencing on or after 1 December 2022

T15047 of 2023 - Variation of the Nurses and Midwives (Tasmanian State Service) Award [2023] TASIC 36 (PDF, 203.4 KB)
President Barclay - 21 July 2023 - Award variation – district allowances – consent application – operative from the first full pay period on or after 20 June 2023

[2023] TASIC 35 - T14973 of 2023 - Quill v Statewide Independant Wholesalers Ltd (PDF, 327.1 KB)
Industrial dispute – dispute relating to long service leave - deemed transmission of business - meaning of business – labour-hire employment not considered same business as wholesale distributor - continuous service - application dismissed.

T15044 of 2023 - Variation of the Teaching Service (Tasmanian Public Sector) Award [2023] TASIC 30 (PDF, 227.3 KB)
Deputy President Ellis - 5 July 2023 - Award variation – standardised TSS clauses inserted - definitions to include fixed-term relief employee - Instructional Load Clarification – allowances -attendance pre and post school terms - salary progression adjustments – consent application - consent order issued - operative date for Part 1, clause 7, Part II, clauses 1, 2, 6 and 7, and Part III, clause 4 (Classification bands – relief Teachers) and clause 6 Higher Duty Allowance effective from 27 June 2023 - operative date for Part III - Clause 4 Classification Band is the first full pay period commencing on or after 1 March 2023 - operative date for the remaining clauses (TSS standard clauses) is from the first full pay period on or after 1 March 2023

T15039 Variation of the Health and Human Services Award [2023] TASIC 31 -(PDF, 529.8 KB)
Award variation – Appendix 11: Dental Officers – consent application – operative from the first full pay period commencing on or after 20 June 2023.

T15038 of 2023 - Variation of the Police Award [2023] TASIC 26 (PDF, 530.4 KB)
President Barclay - 20 June 2023 - Award variation – leave entitlements – consent application – various operative dates.

T15037 of 2023 - Filing of the Radiation Therapists Agreement 2022 [2023] TASIC 29 (PDF, 301.4 KB)
Deputy President Ellis - 28 June 2023 - Industrial agreement – consent application – classification and structural adjustments - various allowances- overtime - Christmas closedown days – cancellation of old agreement – application approved with effect from 1 July 2022 and remains in force until 30 June 2025

T15036 of 2023 - Filing of the Allied Health Professionals Public Sector Union Wages Agreement No.2 of 2022 [2023] TASIC 28 (PDF, 222.0 KB)
Deputy President Ellis - 28 June 2023 - Industrial agreement – consent application – classification and structural adjustments - various allowances - overtime-hours of work - personal impact days-non contact time – cancellation of old agreement - application approved with effect from 1 July 2022 and remains in force until 30 June 2025

T15035 of 2023 - Filing of the Department of State Growth Engineers Industrial Agreement 2023 [2023] TASIC 25 (PDF, 217.5 KB)
Deputy President Ellis - 15 June 2023 - Industrial agreement – new agreement – change of parties -order by consent - operative from 1 March 2023.

T15033 of 2023 - Variation of the Port Arthur Historic Site Management Authority Award [2023] TASIC 23 (PDF, 205.3 KB)
President Barclay - 6 June 2023 - Award variation – consent application - consent order issued - operative date from the first full pay period commencing on or after 26 May 2023

T15032 of 2023 - Variation of the AWU (Tasmanian State Sector) Award [2023] TASIC 22 (PDF, 199.8 KB)
President Barclay - 6 June 2023 - Award variation - consent application - consent order issued - operative date from the first full pay period commencing on or after 26 May 2023

T14931 of 2022 - Davie v Minister administering the State Service Act 2000/Department of Health [2023] TASIC 5 (PDF, 189.5 KB) President Barclay - 10 May 2023 - Application relating to termination of employment - preliminary question - whether notice required to be given to the employee pursuant to section 44 of the State Service Act requires actual notice to the employee

T15027 of 2023 - Variation of the Health and Human Services (Tasmanian State Service) Award [2023] TASIC 21 (PDF, 226.1 KB)Deputy President Ellis - 8 June 2023 - Award variation – market allowance-higher duties allowance - more responsibility allowance - mixed function allowance-travel allowances - lead apron allowance - hours of work and overtime for Day Work - Time Off in Lieu for Overtime - Workplace delegates - night shift penalty 27.5% - consent application - consent order issued - operative date for the variations FFPPOA 15 May 2023.

T15026 of 2023 - Variation of the Tasmanian State Service Award [2023] TASIC 20 (PDF, 273.2 KB)
Deputy President Ellis - 8 June 2023 - Award variations –market allowance-higher duties allowance-more responsibility allowance- travel allowances- foul and nauseous allowance-ordinary hours of work - compressed hours arrangement-overtime for day work - time off in lieu for overtime - workplace delegates - Appendix 16 Department of Education - consent application - consent order issued-operative date for the variations FFPPOA 15 May 2023.

T15025 of 2023 - Filing of the Firefighting Industrial Agreement no. 2 of 2022 [2023] TASIC 27 (PDF, 226.9 KB)
President Barclay - 20 June 2023 - Industrial agreement – application approved – effective from 1 July 2022 and will remain in force until 30 June 2025

T15024 of 2023 - Filing of the Teachers Agreement 2023 [2023] TASIC 19 (PDF, 177.8 KB)
President Barclay - 9 May 2023 - Industrial agreement – application approved – variation of agreement – effective from 20 September 2022 and will remain in force until 19 September 2025

T15023 of 2023 - Variation of the Ambulance Tasmania Award [2023] TASIC 17 (PDF, 157.8 KB)
President Barclay - 17 May 2023 - Award variation –superannuation - types of leave - consent application - consent order issued - operative date for the variations, save the variations to clauses 7 and 8 of Part 1 and clause 5 of Part VIII, will be from the first full pay period commencing on or after 1 December 2022. The variation to clause 7 and 8 of Part 1 and clause 5 of Part VIII will be from the first full pay period commencing on or after 2 May 2023.

T15022 of 2023 - Variation of the Health and Human Services (Tasmanian State Service) Award [2023] TASIC 16 (PDF, 164.7 KB)
President Barclay - 17 May 2023 - Award variation – updated employment categories – superannuation - types of leave - consent application - consent order issued - operative date for the variations, save the variations to clauses 7 and 8 of Part 1 and clause 5 of Part IX, will be from the first full pay period commencing on or after 1 December 2022. The variation to clause 7 and 8 of Part 1 and clause 5 of Part IX will be from the first full pay period commencing on or after 2 May 2023

T15021 of 2023 - Variation of the Facility Attendants (Tasmanian State Service) Award [2023] TASIC 15 (PDF, 162.6 KB)
President Barclay - 17 May 2023 - Award variation – updated employment categories – superannuation - types of leave - consent application - consent order issued - operative date for the variations, save the variations to clauses 7 and 8 of Part 1 and clause 5 of Part VII, will be from the first full pay period commencing on or after 1 December 2022. The variation to clause 7 and 8 of Part 1 and clause 5 of Part VII will be from the first full pay period commencing on or after 2 May 2023

T15020 of 2023 - Variation of the Port Arthur Historic Site Management Authority Award [2023] TASIC 14 (PDF, 177.5 KB)
President Barclay - 17 May 2023 - Award variation – updated employment categories – superannuation - types of leave - consent application - consent order issued - operative date for the variations, save the variations to clauses 7 and 8 of Part 1 and clause 5 of Part VII, will be from the first full pay period commencing on or after 1 December 2022. The variation to clause 7 and 8 of Part 1 and clause 5 of Part VII will be from the first full pay period commencing on or after 2 May 2023

T15019 of 2023 - Variation of the AWU (Tasmanian State Sector) Award [2023] TASIC 13 (PDF, 177.6 KB)
President Barclay - 17 May 2023 - Award variation – updated employment categories – superannuation - types of leave - consent application - consent order issued - operative date for the variations, save the variations to clauses 7 and 8 of Part 1 and clause 5 of Part VII, will be from the first full pay period commencing on or after 1 December 2022. The variation to clause 7 and 8 of Part 1 and clause 5 of Part VII will be from the first full pay period commencing on or after 2 May 2023.

T15018 of 2023 - Variation of the Tasmanian State Service Award [2023] TASIC 12 (PDF, 180.9 KB)
President Barclay - 9 May 2023 - Award variation – updated employment categories – superannuation - types of leave - consent application - consent order issued - operative date for the variations, save the variations to clauses 7 and 8 of Part 1 and clause 5 of Part VIII, will be from the first full pay period commencing on or after 1 December 2022. The variations to clause 7 and 8 of Part 1 and clause 5 of Part VIII will be from the first full pay period commencing on or after 2 May 2023

T15015 of 2023 - Filing of the AWU Bushfire Suppression Operations and Planned Burns Agreement No.2 of 2021 [2023] TASIC 18 (PDF, 211.5 KB)
Deputy President Ellis - 5 May 2023 - Industrial agreement – application approved – variation of agreement – salary increases, Winching Availability Allowance, Role Tables name amendments -effective from 1 September 2021

T15014 of 2023 - Filing of the Ambulance Tasmania – Paramedic Immuniser Agreement 2022 [2023] TASIC 11 (PDF, 169.8 KB)
President Barclay - 28 April 2023 - Industrial agreement – application approved – agreement applies with effect from 1 July 2022 and will remain in force until 30 June 2025 - forwarded to registrar for registration.

T15012 of 2023 - Variation of the Ambulance Tasmania Award [2023] TASIC 10 (PDF, 248.5 KB)
President Barclay - 28 April 2023 - Award variation – salaries - wage related allowances – consent application - consent order issued - operative date from the first full pay period on or after 1 July 2022

T15011 of 2023 - Filing of the Ambulance Tasmania Industrial Agreement 2022 [2023] TASIC 9 (PDF, 271.8 KB)
President Barclay - 28 April 2023 - Industrial agreement – application approved – agreement to effect salary increases - no change to other terms and conditions – agreement operative from 1 July 2022 until 30 June 2025 - forwarded to registrar for registration

T15010 of 2023 - Variation of Public Sector Union Wages Agreement 2022 - [2023] TASIC 8 (PDF, 150.5 KB)
Deputy President Ellis - 2 March 2023 - Industrial agreement – application approved – variation of agreement – lower income payment - effective from 30 March 2023.

T15008 of 2023 - Variation of Police Award TASIC 7 (PDF, 179.0 KB)
President Barclay - 28 March 2023 - Award variation – various expenses and allowances – consent application - operative from the first full pay period commencing on or after 16 September 2022.

T15005 of 2023 - Filing of the Firefighting Industrial Agreement 2022 [2023] TASIC 6 (PDF, 354.7 KB)
President Barclay - 6 March 2023 - Industrial agreement – application approved – consolidation of agreements – alterations to classifications – salary and allowance increases - effective from 1 July 2022 until 30 June 2025 - cancellation of 2019 agreements

T15004 of 2023 - Police Association of Tasmania and Commissioner of Police [2023] TASIC 1 (PDF, 194.0 KB)
President Barclay - 7 February 2023 - Award variation – salary and expense allowances increases – variations to clauses to aid clarity - consent application - operative from the first full pay period on or after 1 December 2022.

T15002 of 2023 - Knapek v Games Workshop OZ Pty Ltd Trading as Warhammer [2023] TASIC 2 (PDF, 533.9 KB)
President Barclay - 14 February 2023 - Application by Respondents solicitors for leave to appear at conference – s 28 Industrial Relations Act 1984.

T14967 of 2022 - Blume v Minister Administering the State Service Act 2000 [2023] TASIC 37 -(PDF, 252.5 KB)
President Barclay -Tasmanian Health Service Termination of employment – COVID 19 – whether breach of the Code of Conduct -whether termination unfair

T14964 of 2022 - Eade v Minister administering the State Service Act 2000 – Department of Justice - [2023] TASIC 3 (PDF, 388.9 KB)
Deputy President Ellis - 2 March 2023 - Industrial dispute – termination of employment – valid reason for termination - whether termination was fair - order issued

T14922 of 2022 - Minister administering the State Service Act 2000 / Department of Health v  United Firefighters Union of Australia, Tasmania Branch [2023] TASICFB 1 (PDF, 1.1 MB)
Full bench - 14 September 2022 - Tasmanian Firefighting Industry Employees Award - Holiday pay and overtime – working on a public holiday when not rostered to do so – whether entitled to pay for the public holiday and to also be paid overtime