T2965
|
TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Transport Workers' Union of Australia and Peter Johnson Cartage CARRIERS AWARD
Non-payment of wages REASONS FOR DECISION This was a dispute hearing application made under Section 29 of the Act by the Transport Workers' Union of Australia, Tasmanian Branch (the Union). The Union was in dispute with Peter Johnson Cartage (the employer) of Cambridge Road, Mornington over the non payment of wages due under the provisions of the Carriers Award (the Award). At the hearing Mr B Hansch appeared on behalf of the Union and he produced exhibits generally showing previous correspondence, copies of time sheets and lists of monies said to have been received and the monies said to be owing. The one employee concerned, a Mr W Johnson (no relation to the employer) had worked for the employer for a period of nine months driving a truck carting mainly sand and soil. With the aid of the exhibits, Mr Hansch submitted that there were serious deficiencies in Mr W Johnson's pay from week to week and also that the basis upon which Mr W Johnson had been paid was not in accordance with the Award. Mr Peter Johnson, who appeared on his own behalf, disputed a number of points made by Mr Hansch, but, he did not dispute that the work had been done as claimed nor that there were discrepancies in the wages payments when calculated under the Award prescriptions. Eventually Mr Johnson accepted the Union's submissions and the parties went into private conference to negotiate the terms of settlement. On the resumption of the hearing I was advised of the settlement arrangements, but these had to be changed somewhat so that payment could be made over a period. There were other factors involved in this matter which were not really relevant to Mr W Johnson's claim for wages, but, nevertheless they did complicate the situation in that the parties agreed, in order to facilitate settlement and payment, that a meeting should take place between the Union, the employer, Mr W Johnson and representatives of the Commonwealth Department of Social Security. Subject to the need to recall the parties should full payment not be made, this matter is closed.
P A Imlach Appearances Date and Place of Hearing |