T9777
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Bradley Lawrence Barnett and Weller Engineering Pty Ltd
Industrial dispute - Metal and Engineering Industry Award - receivers and managers appointed - pro rata annual leave - order 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 Bradley Lawrence Barnett of Burnie. [2] Mr Barnett 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) in the form of pro rata annual leave and superannuation payment entitlements. [3] Mr Barnett sought an order from the Commission that the outstanding entitlements be paid. [4] The Receiver and Manager of the Company was Mr Nicholas Brooke of PriceWaterhouseCoopers 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 the outstanding entitlements under the award. [6] Mr Barnett appeared as a witness and confirmed some of the facts relevant to the claim. [7] In May 2001, the Company went into liquidation and all employee entitlements, except wages, were frozen. Mr Barnett's employment was terminated on 1 June 2001. At the time of the hearing the specific entitlements mentioned above had not been paid. [8] The Receiver, in confirming the quantum of Mr Barnett's outstanding award entitlements, advised the Commission that the superannuation entitlements had been paid. [9] In the circumstances I accept the application and the submissions and evidence in support of it. An order relating to the outstanding annual leave entitlements, including the 17.5% loading is attached. 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, Tasmania 7322, pay to Bradley Lawrence Barnett of 17 Madden Street, Burnie, Tasmania 7320, the sum of two thousand, one hundred and eighty-nine dollars and twelve cents ($2,189.12) being payment for annual leave entitlements due.
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