Department of Justice

Tasmanian Industrial Commission

www.tas.gov.au
Contact  |  Accessibility  |  Disclaimer

Recent Decisions

RECENT DECISIONS

T14912 of 2022 - Aitken v Minister administering the State Service Act 2000 – Department of Education (PDF, 401.5 KB)
President Barclay - 1 September 2022 - Application for unfair dismissal remedy – nature of hearing – whether de novo hearing

T14830 of 2021 - Appeal against a Decision - Minister administering the State Service Act 2000- Department of Health (PDF, 145.8 KB)
Full Bench - 1 September 2022 -  Appeal against a Decision of Deputy President Ellis - T14872 of 2021 issued on 20 May 2021

T14948 of 2022 - Variation of the Legal Practitioners Agreement 2021 (PDF, 486.2 KB)
President Barclay - 20 June 2022 - Industrial agreement – application approved – agreement to effect salary increases - agreement operative from 1 August 2021 until 31 July 2022

T14937 of 2022 - Variation of the TasTAFE Teaching Staff Industrial Agreement 2021 (PDF, 522.2 KB)
President Barclay - 25 May 2021 - Industrial agreement – application for approval – agreement to effect salary increases – Educational Team Leaders – agreement operative from 1 July 2021 and will remain in force until 30 June 2023

T14936 of 2022 Variation of the Nurses and Midwives (Tasmanian State Service), Ambulance Tasmania, and Medical Practitioners (Tasmanian State Service) Awards (PDF, 531.3 KB)
President Barclay - 25 May 2022 - Award variation – expense and wage related allowances – consent application - consent order issued – operative date from 25 May 2022

T14935 of 2022 - Variation of AWU (Tasmanian State Sector), and Port Arthur Historic Site Management Authority Awards (PDF, 112.8 KB)
President Barclay - 25 May 2022 - Award variation – expense and wage related allowances - consent application - consent order issued – operative date from 25 May 2022

T14934 of 2022 - Variation of the Tasmanian State Service, and Health and Human Service (Tasmanian State Service) Awards (PDF, 417.7 KB)
President Barclay - 25 May 2022 - Award variation – expense and wage related allowances - consent application - consent order issued – operative date from 25 May 2022

T14933 of 2022 - Variation of the Facility Attendants (Tasmanian State Service), TasTAFE Teaching Staff, and Teaching Service (Tasmanian Public Sector)  Awards (PDF, 769.6 KB)
President Barclay - 25 May 2022 - Award variation – expense and wage related allowances - consent application - consent order issued – operative date from 25 May 2022

T14930 of 2022 - Variation of the Nurses and Midwives (Tasmanian State Service), and Ambulance Tasmania Awards (PDF, 627.6 KB)
President Barclay - 25 May 2022  - Award variation – expense and wage related allowances – salary tables - superannuation - consent application - consent order issued – operative from the first full pay period on or after 1 July 2021

T14929 of 2022 -  Variation of the AWU (Tasmanian State Sector), Custodial Officers, and Port Arthur Historic Site Management Authority Awards (PDF, 742.4 KB)
President Barclay - 12 May 2022  - Award variation – expense and wage related allowances – salary tables - superannuation - consent application - consent order issued – operative from the first full pay period on or after 1 July 2021

T14928 of 2022 - Variation of the Tasmanian State Service, and Health and Human Service (Tasmanian State Service) Awards (PDF, 664.3 KB)
President Barclay - 12 May 2022 - Award variation – expense and wage related allowances – salary tables - superannuation - consent application - consent order issued – variable operative dates

T14927 of 2022 - Variation of the Facility Attendants (Tasmanian State Service), TasTAFE Teaching Staff, and Teaching Service (Tasmanian Public Sector)  Awards (PDF, 760.4 KB)
President Barclay - 12 May 2022 - Award variation – expense and wage related allowances – salary tables - superannuation - consent application - consent order issued – operative from the first full pay period on or after 1 July 2021

T14923 of 2022 - Filing of the Rural Medical Practitioners (Tasmanian State Service) Agreement 2021 (PDF, 105.4 KB)
Deputy President Ellis - 29 April 2022
Industrial agreement - application approved - effective from 1 July 2021 and will remain in force until 30 June 2022

T14918 - of 2022 - Filing of the Teachers Agreement 2021 (PDF, 117.2 KB)
President Barclay -  8 April 2022 - Industrial agreement – application approved – agreement operative from 20 September 2021 until 19 September 2022 - forwarded to registrar for registration

T14914 of 2022 - Variation of the Teaching Service Award (PDF, 809.1 KB)
President Barclay - 30 March 2022 - Award variation – school psychologist - operative date from 30 March 2022

T14913 of 2022 - Variation of the Tasmanian State Service Award (PDF, 112.0 KB)
President Barclay - 30 March 2022 - Award variation – schedule 12 replaced – transport safety and investigation officers – operative from 30 March 2021 – consent order issued

T14911 of 2022 - Variation of the Health and Human Service (Tasmanian State Service) Award
President Barclay - 29 March 2022 - Award variation – extension of scope time frame- consent application - operative from 1 July 2018 until 30 September 2022 (PDF, 426.0 KB)

T14872 of 2021 - United Firefighters Union of Australia, Tasmanian Branch v Minister administering the State Service Act 2000/Department of Police, Fire and Emergency Management (PDF, 313.3 KB)
Deputy President Ellis -  20 May 2022 - Industrial dispute – appointment as employee - working two classes of work -minimum ordinary working hours per week - employment contracts - statutory construction - 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

Applicant No 1 of 2021 and  Tasmanian Health Service (PDF, 248.9 KB)
President Barclay - 9 December 2021 - Application for Review of Actions – Mandatory Vaccination direction – whether the actions sought to be reviewed are “actions” within the meaning of s 50 of the State Service Act 2000 (Tas)