T9948
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 The Australasian Meat Industry Employees Union, Tasmanian Branch and Blue Ribbon Meat Products Pty Ltd
Industrial dispute - severance pay and pay in lieu of notice - consent order ORDER BY CONSENT [1] On 7 December 2001, The Australasian Meat Industry Employees Union, Tasmanian Branch (the applicant), applied to the President, pursuant to s.29 of the Industrial Relations Act 1984 (the Act), for a hearing before a Commissioner in respect of an industrial dispute with Blue Ribbon Meat Products Pty Ltd (under administration Deloitte Touche Tohmatsu) (the respondent) over severance pay and pay in lieu of notice, following the termination of all employees employed by the respondent on 5 December 2001, without notice or pay in lieu of notice. [2] The matter was listed for hearing on Tuesday, 11 December 2001 at 9.00am, at the Court of Petty Sessions, 8 Griffith Street, Devonport, Tasmania. [3] Employees terminated by the respondent were bound by the terms and conditions of the Meat Processing Industry Award; the Clerical and Administrative (Private Sector) Award; and the Blue Ribbon Meat Products Pty Ltd Smithton Enterprise Agreement. Those awards and the agreement do not contain a specific provision for severance pay as a result of redundancy, as a Full Bench of the Commission, in the State Job Protection Termination and Change case (T125 of 1985), adopted a "case-by-case approach" to redundancy and retrenchment matters. [4] Section 29 of the Act enables applications to be made to the Commission, by registered organisations or former employees, in respect of industrial disputes relating to severance pay where employment has been terminated as a result of redundancy. [5] No party, during the course of this hearing, put any suggestion to me that the dismissals were other than termination of employment at the initiative of the employer based on the respondent's operational requirements. [6] Mr G Courtney, for the applicant, claimed on behalf of union members who were terminated by the respondent on 5 December 2001, a severance pay of 2.5 weeks ordinary wages for each year of continuous service, or part thereof, and five weeks ordinary wages in lieu of notice. [7] In an attempt to resolve the dispute, the parties participated in pre-hearing discussions which resulted in an agreed settlement. When the hearing commenced the parties requested the Commission issue the following Order with their consent. ORDER BY CONSENT [8] Given the degree of consensus between the parties, I hereby order, pursuant to s.31 of the Industrial Relations Act 1984, that the respondent employer, Blue Ribbon Meat Products Pty Ltd (under administration Deloitte Touche Tohmatsu), in full and final settlement of the industrial dispute referred to in application T.9948 of 2001, pay to each of the former employees who were terminated by the respondent on 5 December 2001 and whose name appears in Attachment 1 to this decision, the following: a) a severance payment equivalent to two weeks ordinary pay for each completed year of service; and b) one weeks ordinary pay in lieu of notice. [9] The above payments shall be made no later than 5.00pm on 24 December 2001. [10] Nothing in this Order shall be construed as to prevent the respondent from paying the above payments prior to the due date.
R J Watling Appearances: Date and place of hearing: |