T10339 - 26 November 2002
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Michael Hughes and Tasman Group Services Pty Ltd
Application for Reopening [1] This matter was heard in Launceston on 12 November 2002. [2] At the conclusion of the hearing, Mr Bain for the respondent, foreshadowed that he may wish to make a supplementary written submission on the issue of "transmission of business". [3] Mr Bain's written submission is dated 20 November 2002. He asserts that the applicant has failed to prove that a transmission of business has occurred and that his client has only employed Mr Hughes since March 2002. [4] Mr McElwaine responded by letter of 21 November 2002. He rejects the assertions of Mr Bain, but in the event that the Commission considers that there "might" be some merit in the submissions of Mr Bain, made application to reopen the case. [5] Subsequent correspondence followed from Mr Bain dated 22 November 2002, and Mr McElwaine dated 26 November 2002. [6] I have reviewed the transcript and the exhibits tendered in evidence. [7] For reasons that will be advanced in my ultimate decision, I am satisfied that for the purposes of accrued industrial entitlements and/or rights, there was a transmission of business between R J Gilbertson Pty Ltd and SBA Foods Pty Ltd, and subsequently between SBA and Tasman Group Services Pty Limited. Further, I am satisfied that Mr Hughes was employed on a continuous basis between 11 December 1972 and 26 July 2002. [8] On the basis of this finding, Mr McElwaine's application to reopen the applicant's case is declined. [9] My decision on the merits of the application will follow as soon as possible.
Tim Abey |