T10766
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Construction, Forestry, Mining and Energy Union, Tasmanian Branch and Technicote Australia Pty Ltd
Industrial dispute - alleged breach of the Building and Construction Industry Award - application dismissed - file closed REASONS FOR DECISION (1) On 24 March 2003, the Construction, Forestry, Mining and Energy Union, Tasmanian Branch (the applicant) applied to the President, pursuant to Section 29(1) of the Industrial Relations Act 1984, for a hearing before a Commissioner in respect of an industrial dispute with Technicote Australia Pty Ltd arising out of the alleged breach of the Building and Construction Industry Award in respect to Robert Swan. [2] This matter was subject to conciliation conference proceedings on 8 May 2003 and 2 June 2003. The former employer was not represented on either occasion. [3] The matter was set down for hearing on 2 July 2003. Again, the former employer was not represented. As a consequence, evidence was taken from Mr Swan and Mr White made submissions on Mr Swan's behalf. On 8 July 2003, the Commission wrote to the employer enclosing the transcript and documents tendered during the hearing. The letter indicated that any written submission received not later than 31 July 2003 would be considered. [4] The employer responded by letter dated 15 July which was received in the Commission on 29 July 2003. This correspondence raised serious issues of fact, which could only be resolved by both parties giving further sworn evidence. The matter was re-listed for hearing on 19 August 2003. [5] By facsimile dated 18 August 2003 Mr White for the CFMEU advised:
[6] The application is dismissed. I so order
Tim Abey Appearances: Date and Place of Hearing: |