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Tasmanian Industrial Commission

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T5233

 

TASMANIAN INDUSTRIAL COMMISSION

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

The AWU-FIME Amalgamated Union,
Tasmania Branch

(T.5233 of 1994)

and

Nichols Poultry

 

COMMISSIONER GOZZI

HOBART, 25 November 1994

Industrial dispute - unfair dismissal

REASONS FOR DECISION

In this matter The AWU-FIME Amalgamated Union, Tasmania Branch (AWU-FIME) sought the assistance of the Commission in respect of an industrial dispute with Nichols Poultry (Nichols). The dispute concerned the termination of employment of Mr Gray who was employed as a Farm Hand subject to the Farming and Fruit Growing Award. A further issue referred to in the proceedings was the applicability or otherwise of this award to all of the work undertaken by Mr Gray. Also, the Commission was informed that Mr Gray secured employment with Nichols through the Job Start Program which provides for a subsidy to be paid to employers.

The circumstances of the dispute were that Mr Gray clashed with Mr Plain, his supervisor, on a number of occasions over a period of time. On the last occasion on 4 September 1994 the flare up between the two men was such that Mr Gray was counselled to leave work for the rest of the day. It was a matter of dispute as to whether Mr Gray resigned at that stage or not. In any event he was terminated the following day and again the circumstances as to conversations that took place between Mr Gray and Nichols were in dispute.

Mr Rice appearing for Nichols indicated that Mr Gray had cited several conditions for Nichols to agree to before he would continue his employment. Mr Rice said that the conditions related to Mr Gray not having to work with Mr Plain and that this was not acceptable to Nichols given the smallness of the operation. The exact sequence of events was disputed by Mr Cooper for the AWU-FIME appearing for Mr Gray. The Commission's conciliation processes were not able to conclusively establish what happened over the period from when Mr Gray and Mr Plain had a significant disagreement leading to Mr Gray leaving work and when he was terminated. The parties were informed by the Commission that the taking of evidence in formal proceedings would enable the Commission to come to a conclusion on this important aspect of the dispute.

Following further private conference discussions with the Commission a settlement of the dispute was achieved enabling this matter to be concluded.

 

R.K. Gozzi
COMMISSIONER

Appearances:
Mr G. Cooper with Mr J. Gray for The AWU-FIME Amalgamated Union, Tasmania Branch.
Mr K. Rice with Mr R. Nichols for Nichols Poultry.

Date and Place of Hearing:
1994.
Devonport:
November 24