T7238
|
TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Workplace Standards Authority and Kevin John Bland and Melinda Marcie Bland
Industrial Dispute - alleged breach of the Automotive Industries Award in respect of annual leave - order issued REASONS FOR DECISION This application seeks a determination from the Commission that annual leave due on termination amounting to $1638.00 be paid by Kevin John Bland and Melinda Marcie Bland t/a Trumps Auto Wreckers (the employer) Unit 3, Reservoir Drive, Wynyard to Barry Athol Murray (the employee). The employer or a representative of the employer failed to appear at the hearing of this matter in Devonport on 10 October 1997. However, Mr G. Thomas for Workplace Standards Authority outlined the background to this matter and presented a document1 which was a communication from the employer's lawyer to the Chief Executive Officer, Workplace Standards Authority. The communication reads as follows:- "We confirm we have been instructed by Kevin & Marcia Bland trading as Trumps Auto Wreckers in relation to the above matter which is set down for hearing at 2 pm. today (10th October) at Devonport. We advise that Kevin John Bland and Melinda Marcie Bland trading as Trumps Auto Wreckers Unit 3 Reservoir Drive, Wynyard consent to an order that the sum of $1,638.00 be paid to Barry Athol Murray by them being for annual leave due on termination. Our clients wish to make the following application under Section 31 with regard to the above order: That the sum of $1638.00 be paid by 4 equal monthly instalments of $409.50 each with the first payment to be made by the 30th October 1997 and thereafter by the 30th days of November and December 1997 and 30th January 1998. (On our instructions and from questioning the Blands in relation to the finances of their business we would submit that their application under Section 31 for an extension of time to pay is reasonable in the circumstances). We look forward to your reply in due course." Mr Thomas sought instruction from the employee during a brief adjournment of this matter and advised me that the employee would accept the employers offer as outlined above. Mr Thomas concluded by requesting an order from the Commission consistent with the offer made by the employer. In full settlement of this dispute I make the following order:- ORDER BY CONSENT: PURSUANT TO the powers conferred on me by Section 31 of the Act I HEREBY ORDER BY CONSENT that Kevin John Bland and Melinda Marcie Bland t/a Trumps Auto Wreckers, Unit 3, Reservoir Drive, Wynyard, Tasmania make a payment of Four Hundred and Nine Dollars and Fifty Cents ($409.50) on each of the next four months. The first payment to be made by 30 October 1997 and thereafter on 30 November, 30 December 1997 and 30 January 1998. the payments to be made to the Workplace Standards Authority, 46 Reece House, Mount Street, Burnie.
J G King Appearances: Date and place of hearing: |