TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.75 application for an order by a Commissioner
requiring employer to supply a true copy of records

Department of Industrial Relations, Vocational Education and Training
(T.6128 of 1996)

and

Kaybac Holdings Pty Ltd
(trading as The Bread Cafe)

Records of Employment - employer failed to comply with notice to produce employment records - Order sought on employer - Order issued

REASONS FOR DECISION

An application was made to the President on 14 March 1996 by the Secretary for an Order by a Commissioner requiring an employer to forward to the Secretary a true copy of specified information contained in that employer's record of employment which is required to be kept in accordance with Section 75(1) of the Industrial Relations Act 1984 (the Act).

This application was made by the Secretary pursuant to Section 75(7A) of the Act on the basis that Kaybac Holdings Pty Ltd (trading as The Bread Cafe), 33 Gordon Street, Sorell had allegedly been served with a notice to produce certain records to an inspector by 12 March 1996, but had allegedly failed to comply.

The President referred this application to me and on 18 March 1996 sent by Certified Mail a notification to the Manager of Kaybac Holdings Pty Ltd (trading as The Bread Cafe) at 33 Gordon Street, Sorell a notice stating:

(a)  the matter to which the application relates, and

(b)  the time and place where a hearing was to be conducted before a Commissioner.

At a hearing commencing at 10.30am on 22 March 1996 convened for the purpose of dealing with the Secretary's application there was no representation by the employer. After being satisfied that the employer had been properly served with a notice giving full details of the subject matter of the hearing, together with the time and place of hearing, the matter proceeded ex parte.

During the course of the hearing Mr Malcom Armsby who is an inspector with the Industrial Relations Division of the Department of Industrial Relations, Vocational Education and Training placed on record:

• that he was the inspector who personally served a notice to produce records on the Manager, Kaybac Holdings Pty Ltd (trading as The Bread Cafe) at 33 Gordon Street, Sorell;

• that, despite a verbal assurance given to him by the manager concerned that the records of employment would be produced, no records had in fact been produced to Mr Armsby.

The Commission was provided with a copy of a notice served on Kaybac Holdings Pty Ltd on 8 March 1996 requiring this employer to produce a true copy of records relating to the employment of all persons employed by them no later than 12 March 1996.

Also produced as an exhibit was a company extract dated 7 March 1996 relating to the composition of Kaybac Holdings Pty Ltd obtained from the Australian Securities Commission.

Decision

On the basis of all which has been put to me and supported by documentation, I am satisfied that all proper procedures relating to the production of records by an employer to an inspector have been followed consistent with the requirements of the Act, and that Kaybac Holdings Pty Ltd has been given every opportunity to either supply a copy of employment records by 12 March 1996 or explain its position at a hearing to which it was invited.

I am now satisfied that Kaybac Holdings Pty Ltd failed to comply with the notice served upon it on 8 March 1996 and have decided to issue an Order in the following terms:

In accordance with the provisions of Section 75(7E) of the Industrial Relations Act, I hereby Order that Kaybac Holdings Pty Ltd (trading as The Bread Cafe) at 33 Gordon Street, Sorell 7172 -

1.  Produce to Mr Malcom Armsby, an inspector at the Department of Industrial Relations, Vocational Education and Training, Industrial Relations Division Offices, 6th Floor, TGIO Building, 144 - 148 Macquarie Street, Hobart a true copy of records relating to the employment of all persons employed by you.

2.  And that such copy of records be provided no later than 12 noon on Monday 1 April 1996.

A Robinson
DEPUTY PRESIDENT

Appearances:
Mr M Armsby with Mr D Duggan for the Secretary, Department of Industrial Relations, Vocational Education and Training.

Date and Place of Hearing:
1996.
Hobart:
March 22.