T10787
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 The Australian Workers' Union, Tasmania Branch and Evergreen Forest Services Ltd [in liquidation]
Industrial dispute - breach of award - order issued REASONS FOR DECISION [1] On 31 March 2003, The Australian Workers' Union, Tasmania Branch, ("the union") applied 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 an industrial dispute with Evergreen Forest Services Ltd [in liquidation] arising out of the alleged failure of the employer to apply the provisions of the Silviculture and Afforestation Award to the employment of Mr Rodney Hume. [2] On 8 August 2003, the President convened a hearing at the Supreme Court, Cameron Street, Launceston, Tasmania before myself, to commence on Wednesday 10 September 2003 at 11.30 am. [3] By correspondence dated 9 September 2003 S A Hernyk, Official Liquidator, Deloitte Touche Tohmatsu, wrote to the Commission in the following terms:
[4] At the hearing on 10 September 2003, Mr R Flanagan appeared for the union. No appearance was entered on behalf of the respondent. I determined that the matter should proceed pursuant to s.22(2)(e) of the Act. [5] Mr Flanagan provided a detailed claim in relation to work performed by Mr Rodney Hume under the terms of the Silviculture and Afforestation Award ("the award") for a period of twelve months. He said that for the purposes of the award Mr Hume was a weekly hired employee and the claim included underpayment of wages for ordinary time and overtime, and for annual leave and annual leave loading. [6] Subsequent to the hearing, a statutory declaration was provided to the Commission by Mr Hume, in which he declared that, unless the weather was inclement, his normal working day was eight hours. [7] On the basis of the evidence presented, I am satisfied that Mr Hume is entitled to paid under the provisions of the award. I am further satisfied that the details provided in relation to days and times worked is correct. ORDER I hereby Order, pursuant to s.31 of the Industrial Relations Act 1984, in full and final settlement of the matter referred to in T10787 of 2003 that Evergreen Forests Ltd (In Liquidation,) care of Deloitte Touche Tomatsu, Level 1, 49 Elizabeth Street, Hobart, Tasmania 7000 pay to Mr R Hume of 21 Lawry Heights, St Helens, Tasmania 7216 the sum of Fifteen Thousand One Hundred and Thirty Four Dollars and Eighty Six Cents by close of business on 3 November 2003.
P C Shelley Appearances: Date and place of hearing: |