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2008 Decisions

T13328 - Commissioner TJ Abey - 23 December 2008
s29 industrial dispute - St Patricks College, Launceston and Independent Education Union of Australia, Tasmania - Recommendation

T13324 - Deputy President PC Shelley - 19 December 2008
s59 variation of agreement - Australian Nursing Federation Tasmanian Branch, Health Services Union of Australia, Tasmania No. 1 Branch and the Minister administering the State Service Act 2000 - Nurses (Tasmanian Public Sector) Enterprise Agreement 2007 - variation of registered industrial agreement T13071 of 2007 - Nurse Practitioner - application approved - operative date 1 December 2008

T13323 - Deputy President PC Shelley - 19 December 2008
s55 variation of agreement - Australian Nursing Federation Tasmanian Branch, Health Services Union of Australia, Tasmania No. 1 Branch and the Minister administering the State Service Act 2000 - Nurses (Tasmanian Public Sector) Enterprise Agreement 2007 - variation of registered industrial agreement T13071 of 2007 - NHPPD Model - application approved - operative date 1 December 2008

T13319 - Commissioner JP McAlpine - 2 December 2008
s59 variation of agreement - Australian Education Union, Tasmanian Branch and Minister administering the State Service Act 2000 - Teaching Service (Tasmanian Public Sector) Salaries and Conditions of Employment Agreement 2008 -
variation of registered industrial agreement T13128 of 2008 application to vary approved - operative on and from 1 October 2008 to remain in force until 28 February 2011

T13307 - Commissisoner TJ Abey - 25 November 2008
s23 award variation  The Australian Workers Union, Tasmania Branch - 
AWU (Tasmanian State Sector) Award - Rates of Pay and Personal Leave consent application application granted award varied - operative date ffpp 27 November 2008
Transcript

T13191 - Commissioner JP McAlpine - 24 November 2008
s29 industrial dispute - Scott Peter Shaw and Davelyn Communications Pty Ltd trading as CDM Communications - alleged breach of award or registered agreement independent contractor status determined no jurisdiction - application dismissed

T13305 - Commissioner JP McAlpine - 7 November 2008
s29 industrial dispute - Minister Administering the State Service Act 2000 and United Firefighters Union of Tasmania industrial action concerning Tasmanian Fire Service - recommendation

T13297 - President PL Leary - 11 November 2008
s55 industrial agreement - Health Services Union of Australia, Tasmania No. 1 Branch and NDS Tasmania - Disability Services Industry Wages Agreement 2008 - application approved operative date ffpp date of approval for 3 months financial terms operative date 3 months from date of registration forwarded to the Registrar for registration

T13293 - Deputy President PC Shelley - 31 October 2008
s55 industrial agreement - Health Services Union of Australia, Tasmania No. 1 Branch and the Community and Public Sector Union (State Public Services Federation Tasmania) Inc., and the Minister administering the State Service Act 2000 - Department of Health and Human Services Rostered Carers Agreement 2008 - agreement approved operative ffpp 30 October 2008 to remain in force until 30 October 2009 forwarded to the Registrar for registration

T13290 - Commissioner JP McAlpine - 21 October 2008
s55 industrial agreement - Australian Education Union, Tasmanian Branch and the Minister Administering the State Service Act 2000 - TAFE Tasmania Teachers Agreement 2008 - agreement approved operative 21 October 2008 Clause 7 Classifications and Salaries operative ffpp 1 March 2008 to remain in force for a period of 3 years - forwarded to the Registrar for registration

T13210 - Commissioner TJ Abey - 25 September 2008
s55 industrial agreement - Health Services Union of Australia, Tasmania No. 1 Branch, Australian Municipal, Administrative, Clerical and Services Union and Anglicare Tasmania Inc. - Anglicare Tasmania Inc. (Salary Packaging and Salary Sacrificing) Agreement 2008 - salary packaging and salary sacrifice - agreement approved operative 25/9/08 to remain in force until 30/6/11 forwarded to the registrar for registration

T13208 - Commissioner TJ Abey - 19 September 2008
s23 award variation - The Australian Workers Union, Tasmania Branch AWU (Tasmanian State Sector) Award - Personal, Bereavement and Parental Leave consent application application granted award varied - operative date ffpp 1 October 2008
Transcript

T13196 - Commissioner TJ Abey - 25 August 2008
s23 award variation - Police Association of Tasmania - Police Award - Clause 11, Expense Allowances Clause 12, Transfer Expenses Clause 16, Leave Clause 21, Physical Surveillance Services and Police Technical Support (Surveillance) Services Clause 22, Special Capability Unit Clause 23, Dog Handlers - application approved - consent order operative date 25 August 2008
Clause 12.2, Property Sale Expenses - application approved - consent order operative date 1 December 2007
Transcript

T13192 - Deputy President PC Shelley - 12 September 2008
s55 industrial agreement - Health Services Union of Australia, Tasmania No. 1 Branch and Able Australia - Able Australia (Salary Packaging) Industrial Agreement 2008 - 
agreement approved - operative from 12/9/08 to 12/9/09 - forwarded to the Registrar for registration

T13186 - Commissioner JP McAlpine - 24 December 2008
s29 industrial dispute - The Community and Public Sector Union (State Public Services Federation Tasmania) Inc. and Minister Administering the State Service Act 2000 (Department of Education State Library) - alleged breach of the Public Sector Unions Wages Agreement No.1 of 2004 alleged breach of the Public Sector Unions Wages Agreement No.2 of 2004 - Order issued

T13184 - Commissioner JP McAlpine - 9 December 2008
s29 industrial dispute - Clinton Tony Doddy and CK & S Farquhar trading as CK & S Farquhar Carpet and Vinyl - termination of employment - alleged breach of award Order issued

T13180 - Commissioner JP McAlpine - 4 December 2008
s29 industrial dispute - Terry Leigh Clayton and CK & S Farquhar trading as CK & S Farquhar Carpet and Vinyl - termination of employment - severance pay - alleged breach of award or registered agreement - long service leave Order issued

T13175 - Commissioner JP McAlpine - 9 July 2008
s55 industrial agreement - Minister Administering the State Service Act 2000 and
United Firefighters Union of Tasmania - Tasmanian Fire Fighting industry Employees Industrial Agreement 2007 - agreement approved operative date 1 July 2007 to remain in force until 30 June 2010 - forwarded to the Registrar for registration

T13173 - Commissioner JP McAlpine - 18 December 2008
s29 industrial dispute - The Community and Public Sector Union
(State Public Services Federation Tasmania) Inc. and Minister Administering the State Service Act 2000 (Department of Primary Industries and Water) mode, terms and conditions of employment fixed-term contract - application amended termination of employment application dismissed

T13164 - Commissioner TJ Abey - 19 September 2008
s29 industrial dispute - Police Association of Tasmania - Commissioner of Police - rostering arrangements for one and two member stations - RDOs and ADOs - management prerogative consultation -operational requirements - no extra claims undertaking - autonomy to manage own rosters - employer proposal for a mandated 7.6 hour shift legally open under the award but found to be industrially unfair and unwise in all the circumstances

T13160 - Deputy President PC Shelley - 13 June 2008
s23 award variation - The Community and Public Sector Union (State Public Services Federation Tasmania) Inc - Community and Health Swervices (Public Sector) Award - expense-related allowances - consent order issued
Transcript

T13159 - Deputy President PC Shelley - 12 June 2008
s23 award variation - The Community and Public Sector Union (State Public Services Federation Tasmania) Inc - General Conditions of Employment Award - expense-related allowances - consent order issued
Transcript

T13157 - Deputy President PC Shelley - 21 November 2008
s29 industrial dispute - Priscilla Joan McQueen and Royal Society for the Prevention of Cruelty to Animals (Tasmania) Incorporated - termination of employment jurisdiction whether a trading corporation activities test  jurisdiction found

T13155 - Commissioner JP McAlpine - 30 May 2008
s23 award variation - Independent Education Union of Australia, Tasmania - Catholic Education Award -
Change of Name from the Tasmanian Catholic Education Employees Association to the Independent Education Union of Australia, Tasmania - application granted award varied operative date 30 May 2008
Transcript

T13152 - Commissioner JP McAlpine - 2 December 2008
s29 industrial dispute - Cassandra Jane Nolan
and Julieanne Simms - termination of employment - alleged breach of award or registered agreement Order issued

T13151 - Deputy President PC Shelley - 6 June 2008
s55 industrial agreement - Health Services Union of Australia, Tasmania No. 1 Branch and North West Residential Support Service Inc. - North West Residential Support Service Inc. Industrial Agreement 2008 -
agreement approved operative 1/4/08 to remain in force until 31/3/09 forwarded to the registrar for registration

T13150 - Commissioner TJ Abey - 28 July 2008
s29 industrial dispute - The Community and Public Sector Union (State Public Services Federation Tasmania) Inc. and  the Minister administering the State Service Act 2000 (Department of Primary Industries and Water) - industrial dispute - travelling allowance - Bass Strait Islands - order issued

T13146 - Deputy President PC Shelley - 11 September 2008
s29 industrial dispute - The Community and Public Sector Union (State Public Services Federation (Tasmania) Inc and The Minister Administering the State Service Act 2000 - breach of award overtime time off in lieu payout of TOIL appropriate rate order issued

T13140 - Commissioner JP McAlpine - 9 October 2008
s29 industrial dispute - Wynde Mason and Minister Administering the State Service Act 2000 (Department of Economic Development and Tourism) termination of employment application dismissed

T13137 - Commissioner TJ Abey - 15 August 2008
s29 industrial dispute - Garry Lynton Duffield and The Crown in Right of State of Tasmania - severance pay in respect of termination of employment as a result of redundancy - jurisdiction - industrial dispute relating to termination of employment of a former employee - redundancy - jurisdiction found - presumption against retrospective application of a Statute - Act found to operate prospectively - parties directed to confer

T13135 - Commissioner JP McAlpine - 6 May 2008
s55 industrial agreement - Australian Education Union, Tasmanian Branch and Tasmanian Union of Professional and Clerical Officers in Education - Tasmanian Union of Professional and Clerical Officers in Education - agreement approved - operative 6 May 2008 to remain in force for a period of 3 years - forwarded to the Registrar for registration 

T13130 - Commissioner JP McAlpine - 23 April 2008
s29 industrial dispute - The Minister Administering the State Service Act 2000 - United Firefighters Union of Tasmania - industrial action concerning Tasmanian Fire Service, Fire Equipment Division - recommendation

T13129 - Commissioner JP McAlpine - 15 April 2008
s55 industrial agreement - Australian Education Union, Tasmanian Branch and The Minister Administering the State Service Act 2000 - An Even Start National Tuition Program Conditions of Employment Agreement 2008 - agreement approved - operative 1 March 2008 to remain in force until 28 February 2009 - forwarded to the Registrar for registration

T13128 - Commissioner JP McAlpine - 15 April 2008
s55 industrial agreement - Australian Education Union, Tasmanian Branch and The Minister Administering the State Service Act 2000 - Teaching Service (Tasmanian Public Sector) Salaries and Conditions of Employment Agreement 2008 - agreement approved - operative 1 March 2008 to remain in force until 28 February 2011 - forwarded to the Registrar for registration

T13126 - Commissioner TJ Abey - 28 May 2008
s29 industrial dispute - Joanne Tracy Brockman 
and National Web Directory Pty Ltd - a dispute over the entitlement to pro-rata long service leave domestic or other pressing necessity entitlement found order issued

T13125 - Commissioner JP McAlpine - 14 May 2008
s32 award rescission - Construction, Forestry, Mining and Energy Union, Tasmanian Branch - Meander Dam Development Project Enterprise Award - award rescinded - operative 18 April 2008

T13115 - Commissioner TJ Abey - 17 October 2008
s29 industrial dispute - Harold Henry Bowden and Kelly Gang Timbers Pty Ltd - entitlement to long service leave illness or incapacity - application dismissed

T13114 - Commissioner JP McAlpine - 14 May 2008
s23 award variation - Shop, Distributive and Allied Employees Association, Tasmanian Branch - Retail Trades Award -
application amended loaded hourly rate - consent order application granted award varied operative date ffpp 9 April 2008
Transcript

T13113 - Commissioner JP McAlpine - 14 May 2008
s23 award variation - Tasmanian Chamber of Commerce and Industry Limited - Tasmanian Sawmillers Industrial Association - Timber Merchants Award -
application amended minimum wage provision supported wage provision - award review process Principle 13 - consent matters application granted award varied operative date ffpp 18 April 2008
Transcript

T13111 - Commissioner TJ Abey - 27 March 2008
s55 industrial agreement - Minister Administering the State Service Act 2000 and The Association of Professional Engineers, Scientists and Managers, Australia - The Department of Infrastructure, Energy and Resources (DIER), Roads & Traffic Engineers Industrial Agreement 2008 - application approved operative date 30 March 2008 for four years forwarded to Registrar for registration

T13105 - Commissioner JP McAlpine - 20 March 2008
s55 industrial agreement - Minister Administering the State Service Act 2000, Australian Education Union, Tasmanian Branch, The Community and Public Sector Union (State Public Services Federation Tasmania) Inc. - Department of Education Teacher Aides Industrial Agreement 2008 - agreement approved operative ffpp 11 March 2008 to remain in force for a period of three years - forwarded to Registrar for registration

T13104 - Commissioner TJ Abey - 7 March 2008
s23 award variation - Police Association of Tasmania - Police Award - annual salary increases competencies/qualifications - conditions allowances application approved - consent order operative date ffpp 6 March 2008
Transcript

T13095 - Deputy President PC Shelley - 28 February 2008
s23 award variation - The Minister administering the State Service Act 2000 - General Conditions of Employment Award - supported wage - consent order issued - operative date 28 February 2008
Transcript

T13081 - Commissioner JP McAlpine - 8 August 2008
s29 industrial dispute -
Eileen Virve Reece and Minister administering the State Service Act 2000 (Department of Education - Hazelwood School for the Disabled) - termination of employment - decision to terminate found to be unfair reinstatement ordered

T13079 - Commissioner JP McAlpine - 23 January 2008
s23 award variation - Minister administering the State Service Act 2000 - Teaching Service (Tasmanian Public Sector) Award - application amended - Uncertified Guidance Officer - consent application - variations approved - award varied - operative date 12 December 2007 AND application amended - Teacher Registration - consent application - variations approved - award varied - operative date 12 February 2008
Transcript

T13078 and T13082 - Deputy President PC Shelley - 3 March 2008
s23 award variation - The Minister administering the State Service Act 2000
(T13078 of 2008) The Community and Public Sector Union (State Public Services Federation Tasmania) Inc. and Health Services Union of Australia, Tasmania No. 1 Branch (T13082 of 2008) - Community and Health Services (Public Sector) Award - personal leave bereavement leave consolidation issued - operative date ffpp 17 March 2008
Transcript - 24 January
Transcript - 28 February
Transcript - 28 March
Transcript - 9 April

T13077 and T13083 - Deputy President PC Shelley - 15 April 2008
s23 award variation - The Minister administering the State Service Act 2000 (T13077) and The Community and Public Sector Union (State Public Services Federation Tasmania) Inc. and Health Services Union of Australia, Tasmania No. 1 Branch (T13083) - General Conditions of Employment Award - award consolidaation - reformatting - consent application - operative date 18 April 2008 - consent order issued
Transcript - 24 January
Transcript - 28 February
Transcript - 28 March
Transcript - 9 April

T13077 and T13083 - Deputy President PC Shelley - 2 April 2008
s23 award variation - The Minister administering the State Service Act 2000 (T13077) and The Community and Public Sector Union (State Public Services Federation Tasmania) Inc. and Health Services Union of Australia, Tasmania No. 1 Branch (T13083) - General Conditions of Employment Award - award consolidation - reformatting - consent application - operative date 28 March 2008 - consent order issued
Transcript - 24 January
Transcript - 28 February
Transcript - 28 March
Transcript - 9 April

T13077 and T13083 - Deputy President PC Shelley - 29 February 2008
s23 award variation - The Minister administering the State Service Act 2000 (T13077) and The Community and Public Sector Union (State Public Services Federation Tasmania) Inc. and Health Services Union of Australia, Tasmania No. 1 Branch (T13083) - General Conditions of Employment Award - personal leave bereavement leave consent order issued
Transcript - 24 January
Transcript - 28 February
Transcript - 28 March
Transcript - 9 April

T13075 - Commissioner JP McAlpine - 12 February 2008
s29 industrial dispute - Wayne George McManus 
and Jason Stevens trading as Aashcann Recycling - termination of employment; alleged breach of award or registered agreement jurisdiction employee/contractor application dismissed

T13071 - Deputy President PC Shelley - 7 January 2008
s55 industrial agreement - Australian Nursing Federation Tasmanian Branch, Health Services Union of Australia, Tasmania No. 1 Branch, The Minister administering the State Service Act 2000 - Nurses (Tasmanian Public Sector) Enterprise Agreement 2007 - agreement approved - operative 1 July 2007 - to remain in force until 30 June 2010 - forwarded to the registrar for registration

T13069 - Commissioner JP McAlpine - 7 January 2008
s23 award variation - Minister administering the State Service Act 2000 - Nurses (Tasmanian Public Sector) Award 2005 - application amended - parental and bereavement leave - consent application - application approved - operative date 4 January 2008
Transcript

T13041 - President PL Leary - 10 January 2008
s29 industrial dispute - Minister administering the State Service Act 2000 and Australian Nursing Federation Tasmanian Branch and Health Services Union of Australia, Tasmania No 1 Branch - application for orders - work bans and limitations - apprehended bias

T13032 - Commissioner TJ Abey - 15 January 2008
s29 industrial dispute - Peter Murray Kennedy and AutoRent Pty Ltd - entitlement to pro rata long service leave - serious and wilful misconduct - not found - order issued

T13026 - Commissioner JP McAlpine - 22 August 2008
s32 award rescission - Tasmanian Industrial Commission - Australian Cement Holdings Enterprise Award - rescission of award - operative 22 August 2008

T13022 - Commissioner TJ Abey - 11 June 2008
s23 award variation and conditions - United Firefighters Union of Tasmania - Tasmanian Fire Fighting Industry Employees Award -
work value review in accordance with Principle 9 of the Wage Fixing Principles Principle 11 First Award and Extension of Existing Award - Community Fire Safety Officers Relativities determined
Decision Under Appeal
Transcript - 3 October 2007
Transcript - 4 October 2007
Transcript - 10 October 2007
Transcript - 7 November 2007
Transcript - 20 November 2007
Transcript - 21 November 2007
Transcript - 22 November 2007
Transcript - 18 December 2007

T12999 - Commissioner JP McAlpine - 2 December 2008
s29 industrial dispute - Construction, Forestry, Mining and Engergy Union, Tasmanian Branch and Skilled Group Limited - alleged breach of the Zinifex Hobart Smelter Enterprise Award - application amended - Order issued - file to remain open - Decision under Appeal

T12954 -  Deputy President PC Shelley 17 July 2008
s29 industrial dispute - Health Services Union of Australia, Tasmania No. 1 Branch and The Minister administering the State Service Act 2000 award breach overtime payment part-time workers shift workers  rostered ordinary hours order issued

T12919 - Commissioner JP McAlpine - 6 June 2008
s29 industrial dispute - Dr Stephen Bennett 
and Minister Administering the State Service Act 2000 (Department of Health and Human Services) - termination of employment application dismissed

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TE1461 - Commissioner JP McAlpine - 18 December 2008
s61 enterprise agreement - Marine and Safety Authority and Persons employed as full time, part time, casual and contract employees of the Marine and Safety Authority and seconded employees - Marine and Safety Authority Staff Enterprise Agreement 2008 agreement amended - agreement approved - operative ffpp 5 November 2008 for a period of 3 years

TE1460 - Commissioner TJ Abey - 10 December 2008
s61 enterprise agreement - Tasmanian Communities for Social Action Incorporated and Persons employed as Operation and Administration Employees - NW Centre Against Sexual Assault Salary Agreement
2008 - agreement approved - operative date 9 December 2008
- 5 years

TE1458 - Deputy President PC Shelley - 29 October 2008
s61 enterprise agreement - Area Consultative Committee Tasmania Inc. and employees engaged from the employers premises at 29 Paterson Street, Launceston, or at any other address the employer may operate from in the future, and who are engaged to perform administrative and/or clerical duties - agreement approved - operative 28 October 2008 for a period of five years

TE1457 - Commissioner JP McAlpine - 14 October 2008
s61 enterprise agreement - Sexual Assault Support Service Inc. and the individuals employed in the classes of employment to which the agreement applies; ie full-time and part-time Community Service Award Employees - Sexual Assault Support Service Inc. Remuneration Packaging Agreement 2008.- agreement approved - operative ffpp 14 October 2008 to remain in force for a period of 5 years

TE1456 - Commissioner TJ Abey - 11 September 2008
s61 enterprise agreement - Ouse Online Community Access Centre Incorporated and Persons employed as Part-time Access Centre Co-ordinators - Ouse Online Community Access Centre Enterprise Agreement - agreement approved - operative 1 September 2008 until 31 August 2009

TE1455 - Deputy President PC Shelley - 6 May 2008
s61 enterprise agreement - Beaconsfield House Inc. and Employees engaged by the employer from time to time for whom classifications appear in the Community Service Award or the Clerical and Administrative Employees (Private Sector) Award - Beaconsfield House Inc (Holiday Shut Down) Enterprise Agreement 2008 - agreement approved - operative 5 May 2008 for a period of five years

TE1454 - Commissioner JP McAlpine - 20 March 2008 - Correction
s61 enterprise agreement - Malcolm Ian Weeding t/a Triabunna Takeaway and Persons employed as Food and Beverage Service Employees - Triabunna Takeaway Enterprise Agreement 2008 - agreement amended - agreement approved - operative 27 February 2008 to remain in force for a period of 3 years

TE1454 - Commissioner JP McAlpine - 19 March 2008
s61 enterprise agreement - Malcolm Ian Weeding t/a Triabunna Takeaway and Persons employed as Food and Beverage Service Employees - Triabunna Takeaway Enterprise Agreement 2008 - agreement amended - agreement approved - operative 27 February 2008 to remain in force for a period of 3 years

TE1453 - Commissioner TJ Abey - 17 January 2008
s61 enterprise agreement - Tasmanian Aboriginal Centre Inc. and Staff in all classes of employment, including staff engaged in the direct provision of services to the Aboriginal Community, and to Clerical, Administrative, Managerial and other support staff - Tasmanian Aboriginal Centre Inc. Enterprise Agreement 2008 -
agreement approved - operative date 31 January 2008