TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.29 application for hearing of an industrial dispute

Warwick John Smith
(T10554 of 2002)
Tanya Joy Trost
(T10555 of 2002)
Janice Dawn Dyson
(T10557 of 2002)
Sharon Maree Mullins
(T10558 of 2002)
Gaylene Margaret Colbeck
(T10559 of 2002)
Kerry Diane Lehman
(T10561 of 2002)

and

Watts Communications Australia Pty Ltd (In Liquidation)

Industrial dispute - termination of employment - severance pay - granted

REASONS FOR DECISION

[1] Applications to the President, pursuant to s.29(1) of the Industrial Relations Act 1984 (the Act), for a hearing before a Commissioner in respect of a dispute with Watts Communications Australia Pty Ltd (In Liquidation) (the respondent) arising out of the termination of certain employees employed at the respondent's Devonport Call Centre.

[2] The matter was listed for hearing at 12.30 pm on Thursday, 19 December 2002 in the Magistrates Court, 19 King Edward Street, Ulverstone, Tasmania. At that time each of the applicants listed above entered an appearance, however, there was no appearance entered for or on behalf of the respondent.

[3] Having satisfied myself that the respondent had been properly served with the notice of hearing, I determined the applicants should proceed with their case, in the absence of the respondent.

[4] The applicants accepted that the positions occupied by them had been made redundant and provided the following details by way of sworn evidence, including the amounts claimed as severance payments:

[5] The above named former employees had their wage rates and conditions of employment regulated by The Watts Communications [Australia] Pty Ltd [Tasmania] Agreement 1998.

[6] This enterprise agreement was approved pursuant to s.61J(1) of the Act, however, it does not contain a provision for severance pay. This, of course, does not deprive the former employees to such an entitlement as the Act enables former employees to apply for a hearing in respect of an industrial dispute relating to "severance pay for an employee or a former employee whose employment is to be or has been terminated as a result of redundancy."

[7] Given the submissions and circumstances surrounding these applications, I propose to grant the claims, as I am satisfied:

• the applicants were terminated at the initiative of the employer;

• the terminations were for a valid reason based on the operational needs of the employer; and

• the employer has not found or provided adequate alternative employment for those whose job was made redundant.

ORDER

Pursuant to s.31 of the Industrial Relations Act 1984, I hereby order that Watts Communications Australia Pty Limited [In Liquidation] pay, by way of a severance payment, to the former employees named in the schedule below, the amount appearing along side their name.

R J Watling
DEPUTY PRESIDENT

Appearances:
Warwick John Smith, Tanya Joy Trost, Janice Dawn Dyson, Sharon Maree Mullins, Gaylene Margaret Colbeck, Kerry Diane Lehman for themselves

Date and place of hearing:
2002
December 19
Ulverstone