T9598
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union and Weller Engineering Pty Ltd
Industrial dispute - alleged non payment of award entitlements - severance pay - notice of termination of employment - orders REASONS FOR DECISION [1] This was an application for a dispute hearing made under Section 29(1) of the Industrial Relations Act 1984 (the Act) by the Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union (the Union). [2] The Union was in dispute with Weller Engineering Pty Ltd (Receivers and Managers appointed) of 6 Besser Crescent, Camdale, Tasmania 7322 (the Company), over the alleged non payment of accumulated entitlements under the Metal and Engineering Industry Award (the award), severance pay and non payment in lieu of notification of termination of employment to fifteen named employees of the Company. [3] In one case there was an alleged non payment of a proportionate entitlement under the Long Service Leave Act 1976. The Union sought an order from the Commission that the claimed payments be made. [4] The Receiver and Manager of the Company was Mr Nicholas Brooke of Price Waterhouse Coopers of Melbourne (the Receivers). [5] On evidence from the Receiver there was no dispute between the parties as to the facts and the quantum of outstanding award entitlements. [6] In May 2001, the Company went into liquidation and employee entitlements, except wages, were frozen. The employees' employment was terminated on 1 June 2001. At the time of the hearing, the award entitlements specifically mentioned in this application had not been paid. [7] The Receiver confirmed the quantum of outstanding award entitlements in each case (excepting notice and severance pay), together with one entitlement under the Long Service Leave Act. [8] In the case of each employee named, in addition to the entitlements already mentioned, the Union sought one month's payment in lieu of notice of termination of employment, plus two weeks pay for each year of service as a severance payment. [9] One of the employees concerned, Mr William Arthur Harris, appeared as a witness and confirmed relevant facts related to the claim. [10] In the circumstances, I accept the submissions of the Union: orders are attached which cover all claimed payments for each named employee.
P A Imlach Appearances: Date and place of hearing:
Order In accordance with the power vested in me under Section 31(1) of the Industrial Relations Act 1984, in settlement of this dispute, I hereby order that, within twenty-one days from the date of this decision, Weller Engineering Pty Ltd (Receivers and Managers Appointed) of Camdale, pay to Scott Atkinson, RD 1130 Pine Road, Penguin, Tas 7316, the amount specified in the Total Payment row.
P A Imlach
Order In accordance with the power vested in me under Section 31(1) of the Industrial Relations Act 1984, in settlement of this dispute, I hereby order that, within twenty-one days from the date of this decision, Weller Engineering Pty Ltd (Receivers and Managers Appointed) of Camdale, pay to Darren Bakes, 160 South Riana Road, Natone, Tas 7321, the amount specified in the Total Payment row.
P A Imlach
Order In accordance with the power vested in me under Section 31(1) of the Industrial Relations Act 1984, in settlement of this dispute, I hereby order that, within twenty-one days from the date of this decision, Weller Engineering Pty Ltd (Receivers and Managers Appointed) of Camdale, pay to Arrin Butler, 14 Mornington Street, Burnie, Tas 7320, the amount specified in the Total Payment row.
P A Imlach
Order In accordance with the power vested in me under Section 31(1) of the Industrial Relations Act 1984, in settlement of this dispute, I hereby order that, within twenty-one days from the date of this decision, Weller Engineering Pty Ltd (Receivers and Managers Appointed) of Camdale, pay to Jamie Cook, PO Box 1164, Burnie, Tas 7320, the amount specified in the Total Payment row.
P A Imlach
Order In accordance with the power vested in me under Section 31(1) of the Industrial Relations Act 1984, in settlement of this dispute, I hereby order that, within twenty-one days from the date of this decision, Weller Engineering Pty Ltd (Receivers and Managers Appointed) of Camdale, pay to Jarrod Cumming, 29 Besser Crescent, Camdale, Tas 7320, the amount specified in the Total Payment row.
P A Imlach
Order In accordance with the power vested in me under Section 31(1) of the Industrial Relations Act 1984, in settlement of this dispute, I hereby order that, within twenty-one days from the date of this decision, Weller Engineering Pty Ltd (Receivers and Managers Appointed) of Camdale, pay to Graham Davidson, 17 Flinders Drive, Somerset, Tas 7322, the amount specified in the Total Payment row.
P A Imlach
Order In accordance with the power vested in me under Section 31(1) of the Industrial Relations Act 1984, in settlement of this dispute, I hereby order that, within twenty-one days from the date of this decision, Weller Engineering Pty Ltd (Receivers and Managers Appointed) of Camdale, pay to Nicholas Elmer, 8 Church Street, Wynyard, Tas 7325, the amount specified in the Total Payment row.
P A Imlach
Order In accordance with the power vested in me under Section 31(1) of the Industrial Relations Act 1984, in settlement of this dispute, I hereby order that, within twenty-one days from the date of this decision, Weller Engineering Pty Ltd (Receivers and Managers Appointed) of Camdale, pay to Peter Grinmanis, 21 Camena Road, Natone, Tas 7321, the amount specified in the Total Payment row.
P A Imlach
Order In accordance with the power vested in me under Section 31(1) of the Industrial Relations Act 1984, in settlement of this dispute, I hereby order that, within twenty-one days from the date of this decision, Weller Engineering Pty Ltd (Receivers and Managers Appointed) of Camdale, pay to William Harris, PO Box 454, Wynyard, Tas 7325, the amount specified in the Total Payment row.
P A Imlach
Order In accordance with the power vested in me under Section 31(1) of the Industrial Relations Act 1984, in settlement of this dispute, I hereby order that, within twenty-one days from the date of this decision, Weller Engineering Pty Ltd (Receivers and Managers Appointed) of Camdale, pay to Brendon Hyland, 7 Pelissier Court, Somerset, Tas 7322, the amount specified in the Total Payment row.
P A Imlach
Order In accordance with the power vested in me under Section 31(1) of the Industrial Relations Act 1984, in settlement of this dispute, I hereby order that, within twenty-one days from the date of this decision, Weller Engineering Pty Ltd (Receivers and Managers Appointed) of Camdale, pay to Shawn Johnson, 106 Inglis Street, Wynyard, Tas 7325, the amount specified in the Total Payment row.
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Order In accordance with the power vested in me under Section 31(1) of the Industrial Relations Act 1984, in settlement of this dispute, I hereby order that, within twenty-one days from the date of this decision, Weller Engineering Pty Ltd (Receivers and Managers Appointed) of Camdale, pay to Luke Stephen, 159 Clayton Drive, Spreyton, Tas 7310, the amount specified in the Total Payment row.
P A Imlach Order
In accordance with the power vested in me under Section 31(1) of the Industrial Relations Act 1984, in settlement of this dispute, I hereby order that, within twenty-one days from the date of this decision, Weller Engineering Pty Ltd (Receivers and Managers Appointed) of Camdale, pay to Vivian Rockliff, 10 Warreen Drive, Penguin, Tas 7316, the amount specified in the Total Payment row.
P A Imlach
Order In accordance with the power vested in me under Section 31(1) of the Industrial Relations Act 1984, in settlement of this dispute, I hereby order that, within twenty-one days from the date of this decision, Weller Engineering Pty Ltd (Receivers and Managers Appointed) of Camdale, pay to David Russell, 8 Lowe Street, Wynyard, Tas 7325, the amount specified in the Total Payment row.
P A Imlach
Order In accordance with the power vested in me under Section 31(1) of the Industrial Relations Act 1984, in settlement of this dispute, I hereby order that, within twenty-one days from the date of this decision, Weller Engineering Pty Ltd (Receivers and Managers Appointed) of Camdale, pay to Carl Stewart, 26 Rasden Street, Somerset, Tas 7322, the amount specified in the Total Payment row.
P A Imlach Order
In accordance with the power vested in me under Section 31(1) of the Industrial Relations Act 1984, in settlement of this dispute, I hereby order that, within twenty-one days from the date of this decision, Weller Engineering Pty Ltd (Receivers and Managers Appointed) of Camdale, pay to Peter Sturzaker, 18 Grenville Street, Burnie, Tas 7320, the amount specified in the Total Payment row.
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