T7305
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Workplace Standards Authority and Smart Tops Pty Limited ACN 059 485 264
Records of Employment - employer failed to comply with notice to produce employment records - Order sought on employer - Order issued REASONS FOR DECISION On 28 October 1997, pursuant to section 75(7A) of the Industrial Relations Act 1984, the Acting Chief Executive, Workplace Standards Authority, (the applicant), applied to the President for an order by a commissioner requiring Smart Tops Pty Limited ACN 059 485 264 (the employer), to forward, to the applicant, a true copy of records relating to the employment of all employees of the employer, at Shop 3, Northgate Shopping Centre, Glenorchy, Tasmania. Section 75(7A) of the Act provides:
On receipt of the application the President, pursuant to section 75(7B) and (7C) of the Industrial Relations Act 1984, caused a notice to be served on the employer by mail on 29 October 1997, in the following terms:
When the matter came on for hearing in Hobart on 15 December 1997, Mr R Millhouse appeared for applicant. The employer, Smart Tops Pty Limited, did not appear either in its own right or by agent. I adjourned the hearing for a short period, during which time I satisfied myself that the employer was properly notified in writing of the date, time and place of the hearing, having spoken to a representative of the employer, Romana Weiss. She also advised me that the employer would not be represented at the hearing. Therefore, pursuant to s.21(2)(e) of the Act, I decided to hear and determine the matter in the employer's absence. Mr Millhouse informed the Commission that, on receipt of complaints from two employees, a notice was served on the employer seeking time and wages records, including annual leave, credits and payments. Mr Donald William Schofield, Inspector, Workplace Standards Authority gave evidence, on oath, establishing that he served a notice on Smart Tops Pty Limited, pursuant to section 75(5) of the Act, by leaving it at the principal place of business of the body corporate on 14 August 1997. The notice was as follows:
Mr Millhouse submitted that the two persons who had filed complaints with Workplace Standards Authority, had indicated that their employer was Smart Tops Pty Limited. He tendered an extract (Exhibit M2), from the Australian Securities Commission showing the directors of Smart Tops Pty Limited as, Bernhard Robben and Romana Weiss whose registered office was 263 Old Northern Road, Castle Hill, New South Wales 2154. Mr Millhouse also informed the Commission that the employer: 1. Was carrying on the business of hairdressing; and 2. Was not a respondent to a federal award. He said the employer was bound by the Industrial Relations Act 1984 and the Hairdressers Award, being an award of the Tasmanian Industrial Commission. Mr Millhouse further submitted that, after the notice of this hearing had been forwarded to the parties, Romana Weiss made contact with an officer of the Workplace Standards Authority indicating that the records would be forthcoming. However, Mr Millhouse contended that, as at the date of this hearing, the applicant had still not received any records from the employer. From the evidence presented, I am satisfied that a case has been made out for the issue of the proposed order to produce time and wages records, but only to the extent necessary to enable the applicant to carry out its investigation on behalf of the two previously mentioned complainants. ORDER Pursuant to s.75(7E), of the Industrial Relations Act 1984 I hereby Order Smart Tops Pty Limited ACN 059 485 264 of 263 Old Northern Road, Castle Hill, New South Wales 2154 to forward to The Chief Executive, Workplace Standards Authority, 30 Gordons Hill Road, Rosny Park, Rosny, Tasmania 7018 by not later than 5.00 pm on Monday, 5 January 1998 a true copy of the time and wages records (including records of annual leave credits and payments) relating to the employment of Marsha Helen Garwood and Narelle Catherine Rose whilst employed by Smart Tops Pty Limited at Shop 3, Northgate Shopping Centre, Glenorchy, Tasmania 7010.
R J Watling Appearances: Date and place of hearing: |