TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s75 application for an order by a Commissioner
requiring employer to supply a true copy of records

Department of Industrial Relations, Vocational Education and Training
(T5803 of 1995)

and

Mr Brendan Andrew Warn

Records of Employment - employer failed to comply with notice to produce employment records - Order sought on employer - Order issued

REASONS FOR DECISION

This application, lodged by the Secretary, Department of Industrial Relations, Vocational Education and Training, (the applicant), pursuant to section 75(7A) of the Industrial Relations Act 1984, was for the purpose of seeking an order requiring Mr Brendan Andrew Warn (the employer), (trading as Synonymy Hairdressers), to forward records of employment as specified in the Notice to Produce Records of Employment.

That Notice, served on Mr Brendan Andrew Warn on 31 August 1995, pursuant to section 75(5) of the Act, by Mr R Smith, Inspector, Department of Industrial Relations, Vocational Education and Training, was as follows:

"I, Robert Smith an Inspector for the purposes of the Industrial Relations Act 1984, HEREBY REQUIRE YOU, pursuant to the provisions of sub-section (5) of section 75 of the said Act, to forward for my inspection at the Department of Industrial Relations, Vocational Education and Training, Industrial Relations Division Offices, 6th Floor, TGIO Building, 144 Macquarie Street, HOBART (PO 816H HOBART 7001) not later than the 7th day of September, 1995 a true copy of records relating to the employment of persons by Brendan Andrew Warn, trading as, Synonymy Hairdressers including in particular "Time And Wage Records," including records of annual leave credits and payments and payment of occupational superannuation for the entire period of Elizabeth Anne Jones employment.

Dated this 31st day of August 1995
(Signed) R Smith
(Inspector)"

Section 75(7A) of the Industrial Relations Act 1984 provides:

"(7A) If an employer who is required to keep a record under this section has failed to comply with a notice served on the employer in accordance with subsection (5), the Secretary may apply to the President for an Order by a Commissioner requiring the employer to forward to the Secretary a true copy of the record or such information contained in the record as is specified in the application."

On receipt of the application the President, pursuant to section 75(7B) and (7C) of the Industrial Relations Act 1984, caused a notice to be served on the employer by Certified Mail (receipt No. E 466855) on 21 September 1995, in the following terms:

"Mr Brendan Andrew Warn
6 Balgowlah Court
LENAH VALLEY 7008

You are hereby notified pursuant to Section 75(7B) and (7C) of the Industrial Relations Act 1984 that an application, attached, has been received from the Secretary of the Department of Industrial Relations, Vocational Education and Training seeking an order requiring you Brendan Andrew Warn, trading as Synonymy Hairdressers) to forward to the Department certain records of employment which are specified as

"a true copy of records relating to the employment of persons by Brendan Andrew Warn, trading as, Synonymy Hairdressers including in particular "Time and Wage Records," including records of annual leave credits and payments and payment of occupational superannuation for the entire period of Elizabeth Anne Jones employment."

A hearing to consider this application, identified as T No. 5803 of 1995, has been listed for 10.30 a.m. on Monday, 2 October 1995, before Commissioner R J Watling at "Lyndhurst", 448 Elizabeth Street, North Hobart.

You are entitled to be heard at this hearing.

F D Westwood
PRESIDENT

21 September 1995"

Whilst no acknowledgment was received by the Commission of the receipt of the notice, nevertheless, that does not preclude the Commission from dealing with this matter given that the requirements of section 88(1)(a):

"88 - (1) Where under this Act a notice or other document is required or authorized to be served on or given to a person, the notice or other document may, with prejudice to any other method of serving or giving the notice or other document provided by this Act, be served or given -

(a)    in the case of a person who is neither a body corporate nor a firm -

(i)  ...

(ii)  ...

(iii)  by sending it by post to that person's place of residence, business or employment last known to the person required or authorized to serve the notice or other document"

In a Business Names Extract - Tasmania, obtained on 30 August 1995 from the Business Names Office - Department of Justice, the person carrying the business of Synonymy Hairdressers is shown as Mr Brendan Andrew Warn of 6 Balgowlah Court, Lenah Valley, Tasmania, 7008.

The employer did not attend the hearing and the Commission heard submissions from the applicant in support of the application.

Given those submissions, I hereby Order, pursuant to section 75(7E) of the Industrial Relations Act 1984, that Mr Brendan Andrew Warn (trading as Synonymy Hairdressers) of 6 Balgowlah Court, Lenah Valley, Tasmania, 7008, forward to the Secretary, Department of Industrial Relations, Vocational Education and Training, C/- Industrial Relations Division, 6th Floor, TGIO Building, 144 Macquarie Street, Hobart (GPO Box 816H, Hobart 7001) no later than the close of business on Friday, 13 October 1995, a true copy of records relating to the employment of persons by Mr Brendan Andrew Warn, (trading as Synonymy Hairdressers, including, in particular, all "Time And Wages Records", including records of annual leave credits and payments and payment of occupational superannuation for the entire period of Elizabeth Anne Jones employment.

R J Watling
COMMISSIONER

Appearances:
Mr M Shirley with Mr R Smith for the Department of Industrial Relations, Vocational Education and Training

Date and place of hearing:
1995
October 2
Hobart: