TASMANIAN INDUSTRIAL COMMISSION

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

Mrs Tania Michelle de Vries
(T10553 of 2002)
Jodi Ann Horton
(T10556 of 2002)
Susan Elizabeth Rootes
(T10560 of 2002)
Rochelle Patricia Kereopa
(T10562 of 2002)
Cheryle Maree Purdon
(T10574 of 2002)
Natalie Louise Smith
(T10580 of 2002)
Kylie Vanessa Harris
(T10581 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 and 30 January 2003 in the Magistrates Court, 19 King Edward Street, Ulverstone, Tasmania.

[3] Kylie Vanessa Harris did not attend on either hearing date (application T10581 of 2002) and as a result I dismissed the application for want of prosecution, pursuant to s.21(2)(c) of the Act.

[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 Section 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:
Mrs Tania Michelle de Vries, Jodi Ann Horton, Susan Elizabeth Rootes, Rochelle Patricia Kereopa, Cheryle Maree Purdon and Natalie Louise Smith for themselves

Date and place of hearing:
2002
December 19
Ulverstone
2003
January 30
Ulverstone