T6108
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Minister for Industrial Relations and Training and Administration and Management Services Pty Ltd
Industrial dispute - alleged non payment of wages to two former employees - ordered that payment be made of amounts due by 30.4.96 REASONS FOR DECISION This application by the Minister for Industrial Relations and Training, made pursuant to section 29 of the Industrial Relations Act 1984, alleged the failure by Administration and Management Services Pty Ltd (the company) to pay to two former employees the rates of pay set out in the Clerical and Administrative Employees (Private Sector) Award for work carried out between 18 and 22 September 1995. Notice that the application had been lodged and a hearing had been convened to deal with the matter was given to the Secretary of the company in accordance with the requirements of the Act. The company was not represented. An earlier hearing had been adjourned as the employer had failed to attend personally or to be represented in the Commission. Mr Thomson, for the Minister, tendered an extract prepared by the Australian Securities Commission indicating that the company's principal place of business was 163-185 Albion Heights Drive, Kingston, Tasmania 7050, and that the Secretary was Anthony Dean Buckland of the same address. Mr Thomson also tendered copies of the records of complaint made by Julie Anne Thornton and Denise Edith Liddington setting out the details of the alleged underpayment of wages. Mr Thomson said he had served a notice to produce records of employment (Exhibit T5) on the company in the person of Mr Buckland. These had been obtained and were tendered as Exhibits T6 and T7. Miss Thornton alleged that she had not been paid in respect of her last week of work from the 18 to 22 September 1995 inclusive, and Mrs Liddington alleged that she had not been paid in respect of her week's work for the company from 18 to 22 September inclusive. Both women gave sworn evidence that they had been employed by the company to work at "No Frills", Gormanston Road, Moonah, on the dates in the complaints and that one week's pay at the rate contained in the Clerical and Administrative Employees (Private Sector) Award was still owing to them. The amounts due to the two former employees were claimed by the Minister, and confirmed by the former employees, to be: Julie Anne Thornton 37.25 hours at $12.48 per hour $464.88 Denise Edith Liddington 37.75 hours at $12.48 per hour $471.12 On the material put to me I am satisfied that the above amounts are due to be paid to the two former employees and accordingly, pursuant to section 31 of the Industrial Relations Act 1984, in settlement of this industrial dispute, I order that the company, Administration and Management Services Pty Ltd, of 163-185 Albion Heights Drive, Kingston, Tasmania, make payments to two former employees as follows: Miss Julie Anne Thornton, Unit 8, 19B Cheltenham Street, Montrose, an amount of $464.88, being unpaid wages due to Miss Thornton for the period 18 to 22 September 1995; and Mrs Denise Edith Liddington, 35 Baragoon Street, Howrah, an amount of $471.12, being unpaid wages due to Mrs Liddington for the period 18 to 22 September 1995. Those payments to be made by 30 April 1996.
F D Westwood Appearances: Date and place of hearing: |