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Tasmanian Industrial Commission

 
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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

T14816 of 2020 - Filing of the Tasmanian Visiting Medical Practitioners Agreement 2019 (PDF, 504.5 KB)
President Barclay - 23 December 2020 - Industrial Agreement - effective from 3 October 2019 and will remain in force until 1 October 2022

T14815 of 2020 - Filing of the Salaried Medical Practitioners (Tasmanian State Service) Agreement 2019 (PDF, 319.0 KB)
President Barclay - 23 December 2020 - Industrial Agreement - effective from 1 August 2019 and will remain in force until 1 August 2022

T14814 of 2020 - Filing of the Rural Medical Practitioners (Tasmanian State Service) Agreement 2019 (PDF, 380.1 KB)
President Barclay - 23 December 2020 - Industrial Agreement - effective from 1 July 2019 and will remain in force until 30 June 2021

T14813 of 2020 - Filing of the Police Officers International Arrival and Hotel Quarantine Agreement 2020 (PDF, 787.9 KB)
President Barclay - 22 December 2020 - Industrial Agreement - operative from 2 December 2020 and will remain in force until 28 February 2021

T14812 of 2020 - Filing of the International Arrival and Hotel Quarantine Agreement 2020 (PDF, 961.6 KB)
President Barclay - 22 December 2020 - Industrial Agreement - operative from 2 December 2020 and will remain in force until 28 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

T14800 of 2020 - Filing of the Fire Fighting Industrial Agreement 2019 (PDF, 446.0 KB)
President Barclay - 16 October 2020 - Industrial agreement – application approved – agreement operative from 1 July 2019 and will remain in force until 30 June 2021

T14799 of 2020 - Variation of the Tasmanian Fire Fighting Industry Employees Award (PDF, 154.0 KB)
President Barclay - 16 October 2020 - Award variation – salaries – recall from recreation leave – compassionate and bereavement leave - superannuation – maternity leave - family violence leave -  the operative date is the first full period commencing or on after 14 October 2020

T14797 of 2020 - Variation of the Police Award (PDF, 32.8 KB)
President Barclay - 21 September 2020 - Award variation – expense and salary allowances - consent application – variable operative dates 2020

T14796 of 2020 - Health Services Union, Tasmania Branch v Minister administering the State Service Act 2000/Tasmanian Health Service (PDF, 499.6 KB)
President Barclay - 16 November 2020 - Application to amend application – no submissions in opposition – application granted

T14795 of 2020 - Filing of the COVID-19 Response Victorian Deployment (Health) Aged Care Services Agreement 2020 (PDF, 682.5 KB)
President Barclay - 21 September 2020 - Industrial agreement – application approved –agreement operative from 21 August 2020 an will remain in force until 30 November 2020

T14778, T14779, T14780, T14781 of 2020 -Turnbull, Dickson, Barrell, Iverach v Minister administering the State Service Act 2000/Tasmanian Health Service (PDF, 155.7 KB)
Deputy President Ellis - 3 November 2020 - Industrial dispute - preliminary jurisdictional matter - whether application required exercise of arbitral or judicial power - application dismissed

T14713 of 2019 - The Australian Workers’ Union, Tasmania Branch and Minister administering the State Service Act 2000 – Department of Primary Industries, Parks, Water and Environment (PDF, 818.7 KB)
President  Barclay - 5 May 2020 - Industrial dispute – date of effect and date of approval of AWU Public Sector Union Wages Agreement 2018 – whether certain employees covered in consequence of retrospective effect of the Agreement where no longer employed by state – s 55 and s 58 of the Industrial Relations Act 1984 considered

T14708 of 2019 - Ana Maria Nicolau v Minister administering the State Service Act 2000/Tasmanian Health Service (PDF, 1.4 MB)
President  Barclay - 23 December 2020 - Industrial dispute – application for an unfair dismissal remedy – termination on basis Applicant unable to efficiently and effectively fulfil the requirements of her role - 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

REDACTED DECISIONS

Applicant No 1 of 2017 and Tasmanian Health Service (PDF, 57.2 KB)
President Barclay - 9 May 2017 - Review Selection – process issues - allegations of actual and apprehended bias of chair of selection panel - no actual or apparent bias

Applicant No 1 of 2018 and A Department of the State of Tasmania (PDF, 35.4 KB)
President Barclay - 28 March 2018 - Decision by Acting Secretary to commence investigation pursuant to clause 7.1 of Employment direction 5 – procedural fairness – whether Applicant entitled to procedural fairness at the time decision made – held – not entitled to procedural fairness at that stage of ED 5 process

Applicant No 2 of 2018 and A Department of the State of Tasmania (PDF, 62.9 KB)
Deputy President Ellis - 4 June 2018 - Jurisdictional objections- State Service review process, s 50(1)(b)-preliminary decision- issue of ‘out of time’- definition of action and event- impact of internal dispute resolution process-found that application was not out of time-jurisdictional application dismissed

Applicant No 1 of 2020 and A Department of the State of Tasmania (PDF, 57.9 KB)
President Barclay - 30 October 2020 - Nature of review under section 50 State Service Act explained – Application for appointment without advertising under clause 17.4 of Employment Direction 1 – no error found – application dismissed