Department of Justice

Tasmanian Industrial Commission

www.tas.gov.au
Contact  |  Accessibility  |  Disclaimer

T8470

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s75 application for an order by a Commissioner
requiring employer to supply a true copy of employment records

Secretary, Department of Infrastructure, Energy and Resources
Workplace Standards Tasmania

(T8470 of 1999)

and

Renthill Pty Ltd, ACN 060 578

 

COMMISSIONER R J WATLING

HOBART, 12 July 1999

Records of Employment - employer failed to comply with section 75(5) notice to produce employment records - section 75(7E) Order sought on employer - granted

REASONS FOR DECISION

The applicant in this matter sought an Order under s.75(7E) of the Industrial Relations Act 1984 (the Act), requiring Renthill Pty Ltd ACN 060 578 770 (the employer) to forward to the Secretary, Department of Infrastructure, Energy and Resources, Workplace Standards Tasmania, (the Department), Henty House, 1 Civic Square, Launceston 7250 a true copy of records, relating to the employment of Anne Marie Smith, from 1 May 1998 to 24 January 1999.

Mr G Williams appeared for the Department, however, there was no appearance entered for or on behalf of the employer. Pursuant to s.21(2)(e) of the Act, I proceeded to hear and determine this matter in the absence of the employer.

From the submissions presented by Mr Williams and the evidence adduced, under oath, from Ms Dynella Simpson, an Inspector for the purposes of the Act, the following facts emerged:

Anne Marie Smith, an ex-employee of Renthill Pty Ltd, notified the Department of a wage dispute on 27 January 1999. Resolution of the dispute was attempted, by a letter dated 28 January 1999, to the employer, requesting resolution within 14 days.

The employer failed to respond to the Department's request. That led to a formal complaint being lodged with the Department, by the employee, on 22 February 1999.

On the 9 March 1999, Mrs Cath Oliver, a sister of Mr Andrew Oliver, a director of Renthill Pty Ltd, informed Inspector Simpson, that Mr John Green, of Ritchie & Parker Alfred Green & Co, Solicitors, was acting on behalf of the employer at that time.

On the same day, contact was made with Mr Green and, in addition, a facsimile was forwarded to him, later that day, setting out the details for confirmation and requesting the records of employment within 7 days.

Between 17 March 1999 and 25 March 1999, Inspector Simpson made at least four telephone calls to Mr Green's office, and one to Mr Andrew Oliver's office, leaving messages to reply. None of the calls were answered.

On 1 April 1999, a formal notice, under s.75 of the Act, was served by Registered Post on the employer at 81 York Street, Launceston, requiring the records of employment by 9 April 1999.

On 8 April 1999, Mr Andrew Worthington, acting on behalf of Mr Andrew Oliver, requested an extension of the notice for a week as Mr Oliver would not be in the office. This additional time was required in order to get all the records together.

On 14 April 1999, the Department received a facsimile from Mr J.M. Green, stating that he was acting on behalf of Mr Oliver and Renthill Pty Ltd . Mr Green stated in the facsimile, that his client was unable to comply with the Department's request because the Australian Taxation Office had taken all wage records.

Mr Williams submitted that, at the commencement time for the hearing, Renthill Pty Ltd had still failed to comply with the notice to produce the records of employment.

Evidence given under oath by Mr Bingley, an Inspector for the purposes of the Act, confirmed the Australian Taxation Office (ATO) were in possession of the employer's time sheet records, which included those specific to Anne Marie Smith, for the period 1 July 1998 through to 3 March 1999. Mr Bingley also testified that the ATO had advised him that, if the employer required the records, at the very least, a copy would be made available on request.

FINDING

The applicant has established to my satisfaction that the employer is Renthill Pty Ltd; on 1 April 1999, a formal notice, under s.75 of the Act, was served by Registered Post on the employer at 81 York Street, Launceston, requiring the records of employment by 9 April 1999; that notice was served in accordance with the Act; an Inspector under the Act served that notice; and, a copy of the employment records relating to the employment of Anne Marie Smith has not been produced in accordance with that notice.

Given the above, I hereby Order, pursuant to s.75(7E) of the Industrial Relations Act 1984, that Renthill Pty Ltd ACN 060 578 770, forward to the Secretary, Department of Infrastructure, Energy and Resources, Workplace Standards Tasmania, Henty House, 1 Civic Square, Launceston 7250 a true copy of records relating to the employment of Anne Marie Smith from 1 May 1998 to 24 January 1999 by 5pm on 26 July 1999.

 

R J Watling
COMMISSIONER

Appearances:
Mr G Williams for the Secretary, Department of Infrastructure, Energy and Resources, Workplace Standards Tasmania

Date and place of hearing:
1999
July 8
Launceston