T9174
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 The Australian Workers' Union, Tasmania Branch and Macmahons Contracting
Industrial dispute - failure of company to provide employees with details concerning termination payments - payment of annual leave on termination of employment - redundancy payments - matter settled - hearing discontinued - application dismissed - file closed REASONS FOR DECISION On 31 August 2000, The Australian Workers' Union, Tasmania Branch (the applicant), applied to the Acting President, pursuant to s.29(1) of the Industrial Relations Act 1984, for a hearing before a Commissioner in respect of an industrial dispute with Macmahons Contracting arising out of the failure of company to provide employees with details of termination pay and annual leave on termination and the payment of redundancy pay. On 7 September 2000, the Acting President convened a hearing at `Lyndhurst', 448 Elizabeth Street, North Hobart, Tasmania, before myself, to commence on Friday 15 September 2000 at 10.30 am. At the hearing Mr R Flanagan represented the applicant and Mr R Collinson, a legal practitioner, sought and was granted leave to appear on behalf of the respondent. After hearing preliminary submissions associated with the application, the hearing was adjourned into conference, with the Commission, during which a time frame for dealing with the issues was agreed. It was agreed that there would be an exchange of written contentions by the parties by 5.00 pm, Monday 18 September, following which a conciliation conference would occur between the parties, with the aim of reducing the issues to those which would be determined by the Commission. At the conclusion of that process, the matter would be brought back on for hearing on Friday 22 September 2000 at 10 am. Further, it was agreed that the employer would provide clear communications to the employees regarding the method of calculation of long service leave. On Tuesday 19 September, the parties requested that the agreed (and disagreed) facts and contentions be placed on the record. The hearing resumed on Friday 22 September, on which occasion Mr S Cooper, a legal practitioner appeared on behalf of the respondent employer. The parties informed the Commission that the matters had been resolved. Mr Flanagan tendered a copy of an offer that had been received from Ogilvie McKenna, Barristers and Solicitors, on behalf of the employer. The details of that offer were placed on the record. In view of the above and pursuant to the provisions of section 21[2][c] of the Act, the matter is discontinued, the application is dismissed and the file is closed.
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