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T1806 and T1850

 

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

 

T.1806 of 1989 IN THE MATTER OF NOTIFICATION BY THE SHOP DISTRIBUTIVE AND ALLIED EMPLOYEES' ASSOCIATION, TASMANIAN BRANCH, OF A DISPUTE WITH UPTONS SALVAGE

RE DISMISSAL OF EMPLOYEE

AND
T.1850 OF 1989 IN THE MATTER OF AN APPLICATION BY THE SHOP DISTRIBUTIVE AND ALLIED EMPLOYEES' ASSOCIATION, TASMANIAN BRANCH, FOR INTERPRETATION OF THE RETAIL TRADES AWARD

RE CLAUSE 7 (DEFINITIONS) "SHOP OR BRANCH MANAGER"

PRESIDENT 7 APRIL 1989
REASONS FOR DECISION
Appearances:
For the Shop Distributive and Allied
     Employees' Association,
     Tasmanian Branch
- Mr. P. Fenton with
- Mr. P. Griffin
For Uptons Salvage Pty. Ltd. - Mr. G. Smith
For the Department of Labour and Industry - Mr. G. Pettman
Date and Place of Hearing:
8.03.89         George Town

These matters concern a dispute between the shop Distributive and Allied Employees' Association, Tasmanian Branch, and Uptons Salvage Pty. Ltd. The subject matter of the dispute centred upon the classification of an employee claimed by the union to have been in charge of the company's Launceston Branch, but whose services were terminated. However, it was not part of the claim that the person concerned be reinstated.

Both matters were listed for concurrent hearing at George Town. However, at the outset the Association requested and was granted leave to withdraw its section 29 application. It then proceeded to prosecute its application for interpretation of the award definition of "Shop or Branch Manager".

At the conclusion of proceedings I indicated that I would defer publication of my finding on the matter for two weeks. During that time the parties were invited to confer in order to explore, even at that late stage, the possibility of reaching agreement.

In the event I was advised that agreement had been reached and that the Association did not require a decision on the application.

As the outcome of these proceedings appeared to me to be the only sensible solution, I will refrain from proceeding further. Therefore the matter having now been resolved to the mutual satisfaction of both parties, the file is closed.

 

L. A. Koerbin
PRESIDENT