T9377 - 24 August
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Construction, Forestry, Mining and Energy Union, Tasmanian Branch and Cool or Cosy Natural Insulation
Industrial dispute - alleged breach of the Building and Construction Industry Award - threshold issue - employee/contractor - found that an employment contract existed - preliminary application rejected - order issued REASONS FOR FURTHER DECISION This matter was last before the Commission on 1 May 2001. At that hearing Mr Chopping [for Cool or Cosy Natural Insulation] contended that there was not an employer/employee relationship between the Company and the persons represented by the applicant. For reasons outlined in my decision of 20 June 2001 Mr Chopping's preliminary contention was rejected. The matter was relisted for hearing on 24 August at the request of the applicant. Following preliminary submissions the hearing was adjourned into private conference. During the conference it became apparent that for the matter to progress my preliminary finding would need to be formalised. Finding For reasons outlined in my decision of 20 June 2001 in this same matter, I find that at all material times Mr Michael Houstein and Mr Ross Flakemore were in an employment relationship with Cool or Cosy Natural Insulation. In accordance with Section 31 of the Act I so order.
Tim Abey Appearances: Date and Place of Hearing: |