TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s70(1) appeal against decision

Liquor, Hospitality and Miscellaneous Union -
Tasmanian Branch
(T11594 of 2004)

and

Classic Video Pty Ltd trading as Video City

Appeal against a decision handed down by Commissioner T J Abey arising out of T11391 of 2004

REASONS FOR DECISION

[1] This is an appeal against a decision of Commissioner Abey in Matter T11391 of 2004. The Appellant is the Liquor Hospitality & Miscellaneous Workers Union (LHMU) representing the former employee, Ms Allison Adkins.

[2] The LHMU has sought, by direction pursuant to s.21(2)(n) of the Industrial Relations Act 1984 (the Act), a number of documents and further information from the Respondent, Classic Video Pty Ltd trading as Video City (the employer).

[3] In a decision issued Tuesday 7 December the Full Bench directed as follows:

That "the respondent employer in this matter to provide the following information and documentation to the LHMU and to the Commission:

(1) All media advertisements relating to the employment of Ms Pulford and Ms Brown;

(2) Rosters for the Devonport and Burnie stores for the period 1 July, 2004 to 13 September, 2004;

(3) Job descriptions or documents setting out the duties and tasks of both Ms Pulford and Ms Brown;

(4) Names, employment history and status of employees at the Devonport store including other locations at which work has been performed by those employees, from 1 July, 2004 to 13 September, 2004;

(5) Sales and hiring records and records of daily takings for the Devonport and Burnie stores for the period 1 January, 2003 to 1 November, 2004. This information shall be treated as commercial-in-confidence and will only be available to the LHMU in the presence of the Commission Registrar. This information will be treated as commercial-in-confidence if presented to Commissioner Abey in formal proceedings. The information cannot be provided to any other person or persons.

Such information shall be made available to the Commission Registrar by 4.30pm Friday 10 December, 2004."

[4] The respondent employer has sought an extension of the time in which to provide the information.

[5] The LHMU does not oppose an extension of the time.

[6] Accordingly the information shall now be made available in accord with our Direction by 4.30 pm Monday 7 January, 2005.

P L Leary
PRESIDENT