T8398
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Secretary, Department of Infrastructure, Energy and Resources and WILLIAM ALEXANDER THURSBY
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 This application was lodged by Secretary, Department of Infrastructure, Energy and Resources, Workplace Standards Tasmania pursuant to section 75(7A) of the Industrial Relations Act 1984, seeking an order requiring William Alexander Thursby, Julienne Antoinette Thursby, Keath Kennard William Thursby, and Ronald George Willis, trading as Hawks View Organic Farm at Dwyers Road, Port Huon, to forward to the Secretary, Department of Infrastructure, Energy and Resources, Workplace Standards Tasmania, a true copy of records relating to the employment of Phillip Oates for the period 26 November 1996 to 28 September 1998. When the matter came before the Commission for hearing on Friday, 14 May 1999, Mr Millhouse appeared for the Secretary of the Department. The employers did not appear, either in their own right or by way of an agent. Having satisfied myself that the employers were duly served with notice of the proceedings, I decided that, pursuant to section 21(2)(e) of the Act, I would proceed to hear and determine the matter in their absence. 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. Mr Millhouse submitted that the circumstances giving rise to the application were that an enquiry had been received by Workplace Standards Tasmania from Marie Oates, claiming that her son was working in an unsafe environment at Hawks View Organic Farm, Port Huon. Her son was an apprentice. Inspections were conducted by the agency1. Records of employment were requested on several occasions by the agency, Mr Millhouse said, but none were received. The employee resigned from his employment. Further verbal requests of the employers were made to produce the records and finally a formal Notice to Produce Records was served. Again there was no response. Phillip Oates, in evidence, confirmed that he had been employed at Hawks View Organic Farm from 26 November 1996 until 28 September 1998 as a "trainee farmer" and apprentice farmer/labourer. He said he had been concerned about certain award matters, namely superannuation, under-payment of wages and annual leave. He said he had kept records of the days he had been employed and the wages he had received, but he had not kept daily starting and finishing times. Mr Helmut Papson, an inspector with Workplace Standards Tasmania gave evidence that he had investigated the matters relating to Phillip Oates. A business name search had been conducted. A copy of the extract setting out the name of the place of business, its date of registration and the persons "carrying on the business" was tendered.2 Mr Papson said that on numerous occasions he had contacted the employers, in particular Julienne and William Thursby, who were partners in the business, and asked, without success, for employment records to be produced. These contacts had been made on 17, 21, 25, 30 August 1998, 23, 25, 28 September 1998, and 2 October, the latter date being the last contact. He said an official Notice to Produce Records of Employment had been served by the agency on 12 February 1999. A copy of that Notice was tendered.3 However Mr Papson said that there had been no contact from the business partners in respect of the Notice since that time and no records had been received. Mr Millhouse submitted that all the appropriate procedures had been followed by the inspector. Therefore as the records had not been provided he submitted that an order should be made by the Commission pursuant to section 75(7E) of the Act. The order, he said, should require that the records of employment as requested in the Notice dated 12 February 1999, be forwarded to the agency within seven days from the date on which the order was issued. Having considered the evidence and submissions put to me in this matter I am satisfied that the agency 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 William Alexander Thursby, Julienne Antoinette Thursby, Keath Kennard William Thursby, and Ronald George Willis, trading as Hawks View Organic Farm at Dwyers Road, Port Huon to forward to the Secretary, Department of Infrastructure, Energy and Resources, Workplace Standards Tasmania, 30 Gordons Hill Road, Rosny Park or Post Office Box 56, Rosny Park, Tasmania 7018, by not later than 5:00 p.m. on Thursday, 27 May 1999, a true copy of the records relating to the employment of Phillip Oates at Hawks View Organic Farm for the period 26 November 1996 to 28 September 1998 inclusive.
F D Westwood Appearances: Date and place of hearing: 1 The Secretary, Department of Infrastructure, Energy and Resources Workplace Standards Tasmania |