TASMANIAN INDUSTRIAL COMMISSION

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

Australian Liquor, Hospitality and
Miscellaneous Workers Union (Tasmanian Branch)
(T6235 of 1996)

and

Nipper Cleaning Services Pty Ltd

Industrial dispute - breaches of award - arbitrated - order made

REASONS FOR DECISION

This was an application under Section 29 of the Act by the Australian Liquor, Hospitality and Miscellaneous Workers Union (Tasmanian Branch) (the Union) for a dispute hearing.

The Union was in dispute with Nipper Cleaning Services Pty Ltd (the Company) over alleged breaches of the Cleaning and Property Services Award (the Award).

The Union brought forward as a witness an organiser of the Union, Mr David O'Byrne, and established to my satisfaction the following facts:

• The company held the franchise for cleaning at the University of Tasmania in Hobart.

• The franchise had been leased to another company, Burrell's Hy-Tech, which had failed, leaving accumulated annual leave entitlements owing to employees of the Company.

• The Company, through one of its directors, Mr Rod Nipper, had promised the employees, at a meeting on 24 December 1995, to pay the monies outstanding from Burrell's Hy-Tech.

• The Company itself had failed to pay further accumulated annual leave entitlements for most of the same employers.

• The Company confirmed its promise to pay the accrued annual leave entitlements (including the Burrell's Hy-Tech component) in a letter to each employee, dated 30 May 19961.

• For 31 employees money was still outstanding.

• The outstanding amounts had been calculated by Mr O'Byrne using the Company's records which had been made available to him for that purpose.

The Union sought an order from the Commission that the Company and Mr Rod Nipper pay the amounts outstanding within seven days.

The Union sought for Mr Rod Nipper to be named in any order against the Company arising out of this application and relied on Section 93(1) of the Act in so doing in that Mr Nipper was a "person concerned in the management of that body corporate"2 as provided in that Section.

The Company failed to appear at the hearing.

I am satisfied that the Company was aware that the hearing was taking place at the appointed time.

I accept the submissions and evidence of the Union and I find that the Company has breached the Award in that it has not paid annual leave entitlements accrued to the employees nominated in this matter in accordance with Clause 9 - Annual Leave and Clause 8 - Wage Rates, of the Award. Therefore, in accordance with the power vested in me under Section 31(1) of the Industrial Relations Act 1984 I hereby order that, within seven days from the date of this decision, Nipper Cleaning Services Pty Ltd and Mr Rod Nipper, both of 19 Campbell Street, Bowen Hills, Queensland, 4006, pay to each of the following employees the specified amount next to the name:

P A Imlach
COMMISSIONER

Appearances:
Mr K O'Brien for Australian Liquor, Hospitality and Miscellaneous Workers Union (Tasmanian Branch)

Date and place of hearing:
1996
July 4
Hobart

1 Exhibit K2
2 Extract from Section 93(1) of the Industrial Relations Act 1984