T11295
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Michael John Visser and Glasgow Engineering Co Pty Ltd
REASONS FOR DECISION [1] On 27 January 2004, Michael John Visser, (the applicant), applied, pursuant to s.29(1A) of the Industrial Relations Act 1984 ("the Act"), for a hearing before a Commissioner in respect of an industrial dispute with Glasgow Engineering Co Pty Ltd (the respondent) arising out of the alleged unfair termination of his employment. [2] A hearing commenced at the Supreme Court, Cameron Street, Launceston, Tasmania on Monday 15 March 2004 at 2.15pm. [3] At the hearing Mr T Brady, with Mr J Hutton, appeared on behalf of the respondent. No appearance was registered on behalf of the applicant. [4] I indicated on the record that I was satisfied that the notice of hearing was correctly served and had been received by the applicant. Pursuant to s.21(2)(e) of the Act, I proceeded to hear the matter in the absence of the applicant. [5] Mr Brady submitted that Glasgow Engineering was bound by the federal Metal, Engineering and Associated Industries Award 1998 by virtue of their membership of the Metal Industries Association, which is respondent to that award. He submitted that the matter should therefore be heard in the federal jurisdiction, which has supremacy over the state jurisdiction. He said that the applicant was employed under the terms and conditions of that award. [6] I indicated that, upon receipt of evidence of membership of the Metal Industries Association, I would issue a decision dismissing the application. [7] By correspondence, dated 16 March 2004, the Commission was provided with a copy of the 2003/04 Metal Industries of Tasmania membership list, which identifies Glasgow Engineering as a financial member of the association. [8] Accordingly, I dismiss the application pursuant to s.21(2)(c)(iv).
P C Shelley Appearances: Date and place of hearing: |