T6220
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Minister for Workplace Standards 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 21-6-1996 REASONS FOR DECISION This matter concerns an application by the Minister for Workplace Standards made pursuant to section 29 of the Industrial Relations Act 1984, in relation to the alleged 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. However the company was not represented and the matter was heard ex parte. 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 on the company in the person of Mr Buckland. These had been obtained and were tendered as Exhibits. 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:
On the material put to me I am satisfied that the above amounts are properly 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 12 noon on 21 June 1996 and proof of compliance be submitted to the Registrar by the same time.
A Robinson Appearances: Date and place of hearing: |