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Tasmanian Industrial Commission

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T6082 and T6083

 

TASMANIAN INDUSTRIAL COMMISSION

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

Minister for Industrial Relations and Training
(T.6082 of 1996)
(T.6083 of 1996)

and

Kylie Elizabeth Treloggen and Arthur Charles Rawson
(trading as Suncoast Bakery)

 

COMMISSIONER R J WATLING

HOBART, 22 March 1996

Industrial dispute - alleged breach of the Bakers Award

REASONS FOR DECISION

These applications, which were heard separately, were lodged by the Minister for Industrial Relations and Training (the applicant), pursuant to section 29 of the Industrial Relations Act 1984, for the purpose of settling a dispute with Kylie Elizabeth Treloggen and Arthur Charles Rawson (trading as Suncoast Bakery)(the employer).

The applications allege breaches of Clauses: 8 - Wage Rates; 9 - Hours of Work; 11 - Overtime; 12 - Saturday, Sunday and Holiday Work; and 23 - Casual Employees of the Bakers Award.

In respect to T.6082 of 1996 the applicant, at the commencement of the hearing, amended the wages arrears assessment and sought an Order, pursuant to section 31 of the Industrial Relations Act 1984, that the employer pay an amount of $5,043.73 to Brett Douglas Goss as a result of him being underpaid during his employment period from 28 December 1994 to 18 May 1995.

In respect to T.6083 of 1996 the applicant, at the commencement of the hearing, amended the wages arrears assessment and sought an Order, pursuant to section 31 of the Industrial Relations Act 1984, that the employer pay an amount of $4,177.57 to Damien John Bailey as a result of him being underpaid during his employment period from 26 December 1994 to 17 August 1995.

The employer did not contest the amended wage arrears assessments presented by the applicant (Exhibits W.1 and T.3), however, a submission was presented in an attempt to establish an incapacity to pay the amount of money sought by the applicant.

Having heard the submissions of all the parties I have arrived at the conclusion that the applicants cases have been made out, and I am satisfied that the employer has breached the Bakers Award.

Given the foregoing I hereby Order, pursuant to section 31 of the Industrial Relations Act 1984, that the partnership of Kylie Elizabeth Treloggen and Arthur Charles Rawson (trading as Suncoast Bakery), 25 Quail Street, St Helens in the State of Tasmania pay :

(a) Brett Charles Goss of 14 Bourke Street, Launceston, Tasmania an amount of $5,043.73 being for wages arrears between 28 December 1994 and 18 May 1995; and

(b) Damien John Bailey of Long Hill, St Helens, Tasmania an amount of $4,177.57 being for wages arrears between 26 December 1994 and 17 August 1995.

I further Order that the amounts of money appearing in (a) and (b) above be paid to Brett Charles Goss and Damien John Bailey no later than 5.00 pm on Friday, 26 April 1996.

 

R J Watling
COMMISSIONER

Appearances:
Mr G Williams and Mr G Thomas for the Minister for Industrial Relations and Training
Kylie Elizabeth Treloggen and Arthur Charles Rawson representing themselves

Date and Place of Hearing:
1996
March 14
St Helens