T7849
|
TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Workplace Standards Authority and Ronald Phillip McMaster
Records of Employment - employer failed to comply with section 75(5) notice to produce employment records - section 75(7E) Order sought on employer - Order issued REASONS FOR DECISION Introduction Section 75(7A) of the Industrial Relations Act 1984 provides that:
"Record", for purposes of Section 75(7A), is a "true record of employment" that contains the information prescribed in Regulation 25 of the Industrial Relations Regulations 1993. On 22 July 1998, pursuant to Section 75(7A) of the Act, the Chief Executive, Workplace Standards Authority applied to the President for:1
When the matter came on for hearing at Hobart on Friday 7 August 1998, Mr R Millhouse appeared for the Chief Executive, Workplace Standards Authority (hereafter referred to as "the Authority"). The respondent employer, Mr R P McMaster, did not appear either in his own right or by way of agent. Having satisfied myself that Mr McMaster was properly notified in writing, served on him in accordance with Section 88(1)(a)(iii) of the Act, ie by post addressed to his residence at "Midlands Highway, Bagdad, Tasmania 7030", of the date, time and place of this hearing, I decided that, pursuant to Section 21(2)(e) of the Act, I would proceed to hear and determine the matter in Mr McMaster's absence. The Applicant's Case Mr Millhouse informed me that on 8 April 1997 Mr McMaster, an employer allegedly bound by provisions of the Fuel Merchants Award, entered into a JobStart Wage Subsidy Agreement with CES (Commonwealth Employment Service) for the employment of Mr Roger Coleman as a labourer to split firewood for a period of 20 weeks between 2 April and 19 August 1997. The agreement specified that Mr Coleman would be entitled to receive a weekly wage rate of $295.60 that was payable for 38 full-time working hours per week. The contract of employment eventually ended on 12 August 1997. Subsequently, Mr Coleman lodged a formal complaint with the Authority alleging that Mr McMaster had not complied with the requirements of the Fuel Merchants Award during the period of Mr Coleman's employment. More specifically, Mr Coleman apparently alleged that Mr McMaster had required him to work between the hours of 6:00am-8:30pm daily for which he (Coleman) was paid a flat weekly rate of $300. Mr Roger T Geeves, who is employed by the Authority as an Inspector pursuant to Section 74(2) of the Act, gave oral evidence. He said that, following referral to him of Mr Coleman's complaint, he visited Mr McMaster's residence at Bagdad on 7 April 1998. However, he added, he was unable to interview Mr McMaster who was working elsewhere at the time. Mr Geeves said he spoke to Mrs McMaster, who tried, unsuccessfully, to locate the relevant employment records. Mrs McMaster, he continued, also told him that there would be difficulty in interviewing Mr McMaster because his present work kept him away from home for very long hours. Mr Geeves said he then issued a notice pursuant to Section 75(5) of the Act, which he left with Mrs McMaster, requiring Mr McMaster to forward to him, by not later than 21 April 1998, a true copy of records, in particular the "time and wages records", relating to the employment of Mr Coleman. Mr Geeves concluded his evidence by confirming that, as at the date of this hearing, Mr McMaster had neither contacted the Authority nor forwarded the relevant records. Mr Millhouse submitted that because the Authority had followed all the proper procedures but without success, I should grant the Chief Executive's application and make the relevant order. Finding On the evidence and submissions put to me in this matter I am satisfied that the Authority has established a case for making the proposed order. That order now follows: Order PURSUANT TO Section 75(7E) of the Industrial Relations Act 1984 I HEREBY ORDER AND REQUIRE Ronald Phillip McMaster, Midlands Highway, Bagdad, Tasmania 7030 to forward to the Chief Executive, Workplace Standards Authority, 30 Gordons Hill Road, Rosny Park or Post Office Box 56, Rosny Park, Tasmania 7018, by not later than 5:00pm on Tuesday, 25 August 1998, a true copy of the records specified below relating to the employment of Roger Grant Coleman for the period 2 April 1997 to and including 12 August 1997:
B R Johnson Appearances: Date and place of hearing: 1 Section 3(1) of the Act provides that " 'Secretary', in relation to a provision, means the Head of Agency within the meaning of the Tasmanian State Service Act 1984 within which the provision is administered." |