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Just result after years of disputation

A CPSU Member has finally received a fair outcome after a battle that started in 2009.


Back then the Tasmanian State Service Award facilitated a wholesale translation exercise to a new classification structure and it also allowed employees to seek a review of their duties against the new classification standards if they were aggrieved with the outcome of the initial process.


This Member’s case was the first to end up in the Industrial Commission for dispute, and the CPSU ran and won the case, but the employer successfully appealed the decision to the Commission’s Full Bench.


The Member and CPSU sought a review of the decision in the Supreme Court but the court’s decision didn’t overturn the Full Bench’s determination, but this wasn’t the end of the story.


The Full Bench majority decision set aside the original decision but didn’t assign a classification for the Member, which left the matter unresolved. The CPSU went back to the Commission to argue the merits of the original case hadn’t been fully tested, an argument the Full Bench of the Commission accepted late last year.


This second determination enabled the transcripts, evidences and documents submitted to the original hearings in 2009 to be re-examined by the Commission without the need for further hearings. After looking at the evidence from first case the Full Bench made a decision that upholds the Member’s original classification win in 2009. Last week the Commission published its decision with an order requiring the Member’s reclassification, which means backpayment to March 2009 at the right classification and including increments.


This long process took a toll and delayed the Member’s retirement for some years. It’s an example of how some industrial processes can drag out, but the outcome means the Member is now entitled to backpay and can retire with a healthier superannuation pension, which has a huge impact on their future finances. It was crucial that the CPSU pursued this important matter which, if left unchallenged, may have resulted in unjust outcomes for many Members.


Not all matters your CPSU helps with are easily or quickly resolved but the union is in there fighting for Members for the long haul.


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