TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
Referral pursuant to s.11 of the State Employees(Long Service Leave) Act 1950
(T.3132 of 1991)

Tasmanian Teachers Federation

and

Minister administering the Tasmanian State Service Act 1984

Long Service Leave

REASONS FOR DECISION

This matter concerns a referral of a matter pursuant to Section 11 of the State Employees (Long Service Leave) Act of 1950.

That Section provides, inter alia, that:

"(1) A dispute -

(a) as to whether or when an employee is or has become entitled to leave of absence under this Act or to payment of an allowance under section 7 or section 8, or a deceased employee's personal representatives are or have become entitled to payment of such an allowance; or

(b) with respect to the pay to which an employee who has been granted that leave is entitled,

shall be referred to the Secretary who shall investigate the circumstances of the dispute and submit a report on his findings to the President of the Commission.

(2) Where a dispute referred to in subsection (1) is not resolved as a consequence of an investigation by the Secretary, the dispute shall be heard and determined, as prescribed, by a Commissioner."

The particular circumstances which gave rise firstly to the carrying out of an investigation by the Industry Services Division of the Department of Employment, Industrial Relations and Training (DEIRT), and secondly to the conducting of a hearing, are complex. Fundamentally however a Senior Master currently employed at the Rosetta High School sought and was granted the taking of long service leave during the second term of 1991, but due to changed circumstances no longer wished to take such leave at that time.

When the Department of Education and the Arts (the Minister) refused such request for various reasons DEIRT and then this Commission became involved.

Due to the nature of the matter, preliminary submissions were put on record; followed by a directive from the Commission for the parties to go into private conference.

This conference procedure produced a resolution of the matter on terms which were mutually acceptable to both parties.

Given these favourable circumstances the file is now closed.

A. Robinson
DEPUTY PRESIDENT

Appearances:
Mr G. Philp with Mr G. Brown and Mr R.J. Buckley for the Tasmanian Teachers Federation.
Mr G. Payne with Ms R. Volpato for the Minister administering the Tasmanian State Service Act 1984.

Date and Place of Hearing:
1991
Hobart
June 14