TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.29 application for hearing an industrial dispute

The Federated Miscellaneous Workers Union of Australia
Tasmanian Branch
(T.2972 of 1991)

and

Classic Video Pty Ltd

THE MISCELLANEOUS WORKERS AWARD

Inspection of Wage Records

REASONS FOR DECISION

This was a dispute hearing application made to the Commission under Section 29 of the Act by the Federated Miscellaneous Workers Union of Australia, Tasmanian Branch (the Union). The dispute, with Classic Video Pty Ltd, also known as Video City (the Company), was over alleged non-compliance (a) with the requirement in the Act to allow inspections of wages records and (b) with the settlement terms in matter T.2746 of 1990.

At the hearing Mrs P Shelley appeared on behalf of the Union and, in support of her submissions, produced a number of exhibits.

The Union submitted:

(a) The Company had refused on a number of occasions to allow access to the Union's properly accredited officials for the purpose of inspecting wages records.

(b) the Company had failed to comply with the settlement in matter T.2943 of 1991 in that:

(i) contrary to a clear undertaking, it had harassed and victimised Mrs Y Fitzgerald consequent to her re-instatement;

(ii) the Workers Compensation claim had been met fully only after recourse had been made to another jurisdiction;

(iii) the Company had failed to discuss safety matters with the Union, as agreed.

Mr S Clues, who appeared for the Confederation of Industries (the TCI) on behalf of the Company, denied the Union's allegations.

Eventually, after the Confederation had sought an adjournment for time to consider one item, I was informed on the resumption of the hearing, that settlement had been reached between the parties on the basis that the Company would allow its wages records to be inspected by the Union, and, if necessary, safety matters outstanding would be the subject of a separate application. The matter of the harassment or otherwise of Mrs Fitzgerald will be covered by my pending decision in matter T.2943.

The file is closed.

P Imlach
COMMISSIONER

Appearances:
Mrs P Shelley for The Federated Miscellaneous Workers Union of Australia, Tasmanian Branch.
Mr S Clues for the Tasmanian Confederation of Industries.

Date and Place of Hearing:
1991
Hobart
February 27
March 18