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Tasmanian Industrial Commission

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Interpretations


Interpretations

T13572 - President PL Leary - 1 February 2011
s43 interpretation - Clause 15(c) General Conditions - declaration pursuant to section 43(1A)(a) that award applies only to employees who are requested/directed by the employer to wash towels and dusters away from their work site - declaration retrospective to time award was made being 1 September 1988

T13442 - President PL Leary - 11 September 2009
s43 interpretation - Police Association of Tasmania and Commissioner of Police - recommendation

T13004 - President PL Leary - 1 October 2007
s43(1) interpretation - United Firefighters Union of Tasmania - Tasmanian Fire Fighting Industry Employees Award - Clause 3 - Scope and Part II, Clause 4(i) Career Paths - Lateral entry by experienced firefighters - order issued
Transcript

T10058 and T10178 - President P.L. Leary - 9 September 2002
s43(1) award interpretation - Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union - Pasminco Rosebery (Mining) Award and Metalliferous Mining and Processing Award - Clause 2 Scope of the Pasminco Rosebery (Mining) Award and Clause 2 Scope of the Metalliferous Mining and Processing Award
Transcript - 17 April 2002
Transcript - 12 June 2002

T9027 - President P L Leary - 13 March 2001
s43 award interpretation - owners and proprietors of the Sandy Bay Caravan Park - Hotels, Resorts, Hospitality and Motels Award - clause 7 Division B - Food Beverage - Housekeeping - resorts - motor inn - caravan park - serviced apartments - application dismissed
Transcript - 24 January 2001
Transcript - 19 February 2001

T8857 - President F.D. Westwood - 30 June 2000
s43 award interpretation - Secretary, Department of Justice and Industrial Relations - Restaurant Keepers Award - Clause 8 Wage Rates, subclause 4. Apprentice - "apprentice" has meaning assigned to it by the Wages Boards Act 1920 and the Apprentices Act 1942 - both Acts now repealed - at the relevant time "apprentice" not defined - declaration inappropriate - parties urged to make application to vary Clause 8 Wage Rates to provide rates of pay for persons who are parties to a training agreement who are excluded from the operation of the National Training Wage (Tasmanian Private Sector) Award
Transcript

T8838 - President P.L. Leary - 2 October 2002
s43(1) award interpretation - The Australian Workers' Union, Tasmania Branch - Farming and Fruit Growing Award - Interpretation - Clause 2 Scope of the Farming and Fruit Growing Award
Transcript - 31 March 2000
Transcript - 24 January 2001
Transcript - 29 April 2002
Transcript - 11 June 2002

T7291 - 6 May 1998
s43 award interpretation - The Police Citizens Youth Club Launceston (Inc.) - Health and Fitness Centres Award - application of award to the Police Citizens Youth Club Launceston (Inc.) - declaration that the award does not apply to employees whose classifications appear in the Miscellaneous Workers Award - inappropriate to declare in respect of remaining activities of the Club - Australian Liquor, Hospitality and Miscellaneous Workers Union ordered to make application to vary the award to exclude those activities associated with Out of School Hours Care
Transcript

T6702 - President F D Westwood - 23 July 1997
s43 award interpretation - Australian Municipal, Administrative, Clerical and Services Union - Community Services Award - Clause 7 - Definitions - subclause (a) General and subclause (b) Classification Standards - declaration inappropriate - applicant ordered to make application to vary the award to clarify provision
Transcript

T6556 - President F D Westwood - 24 February 1998
s43 award interpretation - Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union - Vegetable Preservers Award - Scope clause - Vegetable Preservers Award - application of award to Perfecta Exports Pty Ltd, trading as 'Perfecta Produce' - declaration pursuant to section 43(1)(a) that the Scope clause does not include the preparation, sowing, raising, harvesting, preparation for packing and packing of vegetables - declaration retrospective to 7 October 1996
Transcript - 21 November 1996
Transcript - 8 May 1997

T6540 - President F D Westwood - 17 February 1998
s43 award interpretation - Chief Executive, Workplace Standards Authority - Restaurant Keepers Award - Annual Leave clause - "continuous service" and its application to workers compensation absence - re-hearing consequent on decision of the Full Bench on appeal in matter T6795 of 1997, dated 14.4.97 - declaration that service not broken by workers' compensation absences when calculating annual leave entitlements
Transcript - 22 May 1997

T6540 - President F D Westwood - 6 February 1997
s43 award interpretation - Chief Executive of the Workplace Standards Authority - Restaurant Keepers Award - Annual Leave clause - "continuous service" and its application to Workers Compensation absence
Transcript - 7 November 1996

T6531 - President F D Westwood - 20 November 1996
s43 award interpretation - Transport Workers' Union of Australia, Tasmanian Branch on behalf of one of its members formerly employed at Statewide Independent Wholesalers Ltd - Wholesale Trades Award - Annual Leave clause - Payment for Period of Leave - additional $257.40 for annual leave loading to be paid in full
Transcript

T6430 - President F.D. Westwood - 16 October 1996
s43 award interpretation - Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union - Fish, Aquaculture and Marine Products Award - matter resolved - file closed
Transcript

T6257 - President F D Westwood - 12 November 1996
s43 award interpretation - Tasmanian Chamber of Commerce and Industry Limited - Abattoirs Award - declaration made that accredited off-the-job training in slaughtering be provided for apprentice slaughtermen - if no course available apprentices to be paid at relevant tradesperson's rate - operative 27 January 1994
Transcript

T6098 - President F D Westwood - 1 April 1996
s43 award interpretation - Health Services Union of Australia, Tasmania No. 1 Branch - Community Services Award - Clause 2 Scope - personal carers employed by Family Based Care Association (South) Inc - declaration
Transcript

T5029 - President F D Westwood - 21 September 1994
s43 award interpretation - Australian Liquor, Hospitality and Miscellaneous Workers Union, Tasmanian Branch - Miscellaneous Workers (Public Sector) Award - Interpretation - Clause 23 - Payment of Wages
Transcript

T4794 - President F D Westwood - 4 March 1994
s43 award interpretation - State Public Services Federation Tasmania (SPSFT) - Inland Fisheries Commission Staff Award - compensatory allowance
Transcript

T4726 - President F D Westwood - 19 December 1995
s43 award interpretation - Australian Liquor, Hospitality and Miscellaneous Workers Union, Tasmanian Branch - Miscellaneous Workers Award - Clause 2, Scope - declaration
Transcript

T4614, T4615, T4616, T4617, T4619, T4620 and T4631 - President F D Westwood - 28 October 1993
s43 interpretation - The Dean of St David's Cathedral (T4614, T4615, T4616, T4617, T4619, T4620 and T4621 of 1993)Musicians Award and (T4618 of 1993) Entertainment Award - award coverage - application of the Entertainment Award Order No. 1 of 1987 made on 3 June 1987, and the Musicians Award, first made with effect from 15 December 1987, through to Order No. 2 of 1991 - Interpretation
Transcript
Decision appealed see T4715 of 1993

T4614, T4615, T4616, T4617, T4619, T4620 and T4631 - President F.D. Westwood - 28 October 1993
s43 award interpretation - The Dean of St David's Cathedral(T4614, T4615, T4616, T4617, T4619,
T4620 and T4621 of 1993)Musicuians Award (T4618 of 1993) Entertainment Award -award coverage
Transcript

T4596, T4597 and T4598 - President F.D. Westwood - 7 September 1994
s43 interpretation - Australian Liquor, Hospitality and Miscellaneous Workers Union, Tasmanian Branch - Cleaning and Property Services Award - Call Back, Hours of Employment, Minimum Start
Transcript - 13 October 1993
Transcript - 4 November 1993

T4593 - President F.D. Westwood - 16 September 1994
s43 interpretation - Australian Liquor, Hospitality and Miscellaneous Workers Union, Tasmanian Branch - Cleaning and Property Services Award - Clause 9, Annual Leave
Transcript - 13 October 1993
Transcript - 4 November 1993

T4042 - President F D Westwood - 21 October 1992
s43 award interpretation - Australian Workers Union - Clay and Mud Products Award - Clause 19 - Hours, subclause (a) Dayworkers
Transcript

T3885 and T3886 - President F D Westwood - 11 August 1992
s43 award interpretation - Metals and Engineering Workers' Union - Metal and Engineering Industry Award and Wholesale Trades Award - appropriate award classification
Transcript

T3865 - President F D Westwood - 7 August 1992
s43 award interpretation - Tasmanian Confederation of Industries - Nursing Homes Award - Definitions Clause - "years of service"
Transcript

T3596 - President F D Westwood - 29 April 1992
s43 award interpretation - Tasmanian Confederation of Industries - Meat Trades Award - conditions of employment - hours of work, Saturday work, overtime

T2941 - President F.D. Westwood - 15 March 1991
s43 award interpretation - Hospital Employees Federation of Australia Tasmania Branch - Hospital Employees (Public Hospitals) Award - award interpretation
Transcript

T2589 - President F D Westwood - 4 October 1990
s43 award interpretation - Tasmanian Confederation of Industries - Meat Trades Award - rate of pay - 20-year old first-year apprentice
Transcript

T2495 and T2686 - President F D Westwood - 8 May 1991
s43 award interpretation - Federated Miscellaneous Workers Union of Australia Tasmanian Branch (T2495 of 1990) - Miscellaneous Workers Award and Federated Miscellaneous Workers Union of Australia Tasmanian Branch (T2686 of 1990) - Hairdressers Award - classification of employee
Transcript - 4 September 1990
Transcript - 1 October 1990

T2382 - President F.D. Westwood - 10 July 1990
s43 award interpretation - The Amalgamated Metal Workers Union - Mining (Lead-Zinc) Award - Contract of Employment and payment for shift
Transcript

T2268 - President F.D. Westwood - 29 August 1990
s43 award interpretation - Secretary for Labour - Bakers Award - Clause 23(e) - payment for period of annual leave
Transcript - 27 February 1990
Transcript - 5 July 1990

T2268 - Acting President Robinson - 6 March 1990
s43 award interpretation - Secretary for Labour - Bakers Award - Clause 23(e) - payment for period of annual leave
Transcript - 27 February 1990
Transcript - 5 July 1990

T1976 - President L.A. Koerbin - 13 July 1989
s43 award interpretation - TCI - Retail Trades Award - Section Manager
Application withdrawn

T1919 - President L.A. Koerbin - 2 January 1990
s43 award interpretation - Federated Miscellaneous Workers' Union, Tasmanian Branch - Miscellaneous Workers Award - Clause 7 "Domestic"
Transcript - 15 June 1989
Transcript - 22 June 1989
Transcript - 28 July 1989

T1919 - President L.A. Koerbin - 3 October 1989
s43 award interpretation - Federated Miscellaneous Workers' Union, Tasmanian Branch - Miscellaneous Workers Award - Clause 7 "Domestic"
Transcript - 15 June 1989
Transcript - 22 June 1989
Transcript - 28 July 1989

T1842 - President L.A. Koerbin - 8 June 1989
s43 award interpretation - Security and Watching Services Award - Clause 14 - Ordinary Hours
Transcript

T1837 - President L.A. Koerbin - 4 May 1989
s43 award interpretation - TCI - Bakers Award - Clause 23(e) - payment for period of leave
Transcript

T1823 - President L.A. Koerbin - 14 April 1989
s29 industrial dispute - SDAEA v Black Rose, Launceston - payment of wages
and
T1824 - President L.A. Koerbin - 14 April 1989
s43 award interpretation - SDAEA - Retail Trades Award - Shop or Branch Manager or Manageress
Transcript

T1818 - President L.A. Koerbin - 4 May 1989
s43 award interpretation - SCSA - Teaching Service (Teaching Staff) Award - recreation leave allowance for temporary teachers
Transcript

T1806 - President L.A. Koerbin - 7 April 1989
s29 industrial dispute - Shop Distributive and Allied Employees' Association, Tasmanian Branch - Uptons Salvage - dismissal of employee
AND
T1850 - President L.A. Koerbin - 7 April 1989
s43 award interpretation - Shop Distributive and Allied Employees' Association, Tasmanian Branch - Retail Trades Award - Clause 7 (Definitions) - Shop or Branch Manager
Transcript

T1785 - President L.A. Koerbin - 23 March 1989
s43 award interpretation - Secretary for Labour - Electrical Engineers Award - Clause 46 (Annual Leave) - subclause (f)(ii)
Transcript

T1760 - President L.A. Koerbin - 5 June 1989
s43 award interpretation - Secretary for Labour - Licensed Clubs Award - Clause 24 - Industry Allowance
Transcript

T1681 - President L.A. Koerbin - 16 December 1988
s43 award interpretation - Secretary for Labour - Retail Trades Award - Clause 7 - Definition of "Assistant"
Transcript - 15 November 1988
Transcript - 15 November 1988 continuation

T1374 - President L.A. Koerbin - 28 July 1988
s43 award interpretation - Federated Liquor and Allied Employees' Union, Tasmanian Branch - Restaurant Keepers Award - Clause 7 - Definitions, Division D
Transcript

T1075 - President L.A. Koerbin - 24 June 1988
s43 award interpretation - Federated Liquor and Allied Industries Employees Union, Tasmanian Branch - Hotel and Motel Keepers Award - Clause 52 - Casual Employment
Transcript

T993 - President L.A. Koerbin - 21 December 1987
s43 award interpretation - Tasmanian Confederation of Industries - Carriers Award - payment of wages
Transcript

T883 - President L.A. Koerbin - 12 October 1987
s43 award interpretation - United Firefighters Union (Tasmanian Branch) - Fire Brigades Award - Clause 16 - Driver Classification Allowance
Transcript

T860 - President L.A. Koerbin - 9 October 1987
s43 award interpretation - Minister for Public Administration - Hospital Employees (Public Hospitals) Award - Clause 8, C(III) and C(I), "Kitchen Hand" and "Tradesman Assistant"
Transcript

T809 - President L.A. Koerbin - 16 July 1987
s43 award interpretation - Australasian Meat Industry Employees Union - Meat Trades Award - provision of clothing in retail butcher shops
Transcript

T752 - President L.A. Koerbin - 24 June 1987
s43 award interpretation - Hospital Employees Federation of Australia, Tasmania No.2 Branch - Hospitals Award - Re Clause 30, "Payment of Wages" (payment for period of "waiting time" when no wages available on regular pay day)
AND
T796 and T802 - President L.A. Koerbin - 24 June 1987
s43 award interpretation - Hospital Employees Federation of Australia, Tasmania No. 2 and Royal Australian Nursing Federation, Tasmanian Branch - Clause 30 - "Payment of Wages" (retrospective payment of shortfall in wages - period of "waiting time")
Transcript

T694 - President L.A. Koerbin - 13 July 1987
s43 award interpretation - Federated Miscellaneous Workers' Union - Miscellaneous Workers Award - Library Attendants
Transcript - 15 May 1987
Transcript - 15 May 1987 continuation

T693 - President L.A. Koerbin - 10 July 1987
s43 award interpretation - Federated Miscellaneous Workers' Union - Miscellaneous Workers Award - Hours of Work
Transcript - 15 May 1987
Transcript - 15 May 1987 continuation

T628 - President L.A. Koerbin - 19 March 1987
s43 award interpretation - Hospital Employees Federation of Australia, Tasmania No. 2 Branch - Hospitals Award - Cup Day
Transcript - 18 February 1987
Transcript - 18 February 1987 continuation

T577 - President L.A. Koerbin - 28 May 1987
s43 award interpretation - Tasmanian Chamber of Industries - Building Trades Award and Furnishing Trades Award - period of notice to be given on termination of employment after one day - determination of appropriate award - application of s53 considered
Transcript - 28 January 1987
Transport - 13 March 1987

T530 - President L.A. Koerbin - 28 January 1987
s43 award interpretation - Hospital Employees' Federation of Australia, Tasmania No. 1 Branch - Hospitals Award - payment of part-time and casual employees
Transcript - 10 December 1986
Transcript - 10 December 1986 continuation

T502 - President L.A. Koerbin - 15 October 1986
s43 award interpretation - Federated Clerks Union - Mining (Lead-Zinc) Award - Rosebery Composite Allowance
Transcript

T405 - President L.A. Koerbin - 18 September 1986
s43 award interpretation - Tasmanian Public Service Association for interpretation of the General Conditions of Service Award - ReClause 10 - Hours of Duty and Penalty Payments - subclause B - Penalty Payments, placitum 5 - Standby and Availability
Transcript

T392 - President L.A. Koerbin - 18 August 1986
s43 award interpretation - Shop Distributive and Allied Employees' Association - Retail Trades Award - Re Section Manager/Manageress and/or Buyer/Orderer
Transcript - 4 June 1996
Transcript - 4 June 1996 continuation

T384 - President L.A. Koerbin - 17 June 1986
s43 application for interpretation - State Fire Commission - Fire Brigades Award - annual leave for shift workers
Transcript

T380 - President L.A. Koerbin - 20 August 1986
s43 award interpretation - Australian Mines and Metals Association - Restaurant Keepers Award - Re industrial catering
Transcript

T368 - President L.A. Koerbin - 30 May 1986
s43 award interpretation - United Firefighters' Union - Fire Brigades Award - Re termination of employment
Transcript

T356 - President L.A. Koerbin - 27 May 1986
s43 award interpretation - Tasmanian Public Service Association - General Conditions of Service Award - Re Clause 10. B. 3.4 (a) (iii) re Overtime penalty payments
Transcript

T309 - President L.A. Koerbin - 28 January 1986
s43 award interpretation - United Firefighters Union - Fire Brigades Award - Clause 5 - Hours
Transcript

T189 - President L.A. Koerbin - 13 September 1985
s43 award interpretation - Tasmanian Chamber of Industries - Shipbuilders Award - ordinary rate of wage
Transcript

T124 - President L.A. Koerbin - 4 July 1985
s43 award interpretation - the Hospital Employees Federation of Australia, Tasmanian Branch No. 2 - Hospitals Award - definition of day work and shift work
Transcript - 23 May 1995
Transcript - 5 June 1985

T91 - President L.A. Koerbin - 27 June 1985
s43 award interpretation - Hospital Employees Federation of Australia, Tasmanian Branch No. 1 - Hospital Industrial Board Award - rate of payment for periods of extended leave applicable to shift workers
Transcript - 17 April 1985
Transcript - 10 May 1985

T30 - (incorporating I.51 of 1984 before the Public Service Board) President L.A. Koerbin - 20 February 1985
s43 award interpretation - Hospital Employees Federation of Australia, Tasmanian Branch No. 2 - General Conditions of Service Principal Award - Clause 4.D, First Aid Certificate Allowance
Transcript