T11325
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union and Neil Ruut & Associates
Industrial dispute - alleged breach of the Security Industry Award - order issued REASONS FOR DECISION [1] On 16 February 2004, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AFMEPKIU) 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 Neil Ruut & Associates arising out of an alleged breach of the Security Industry Award in respect to Oswald Schneider. [2] The matter was listed for a hearing (conciliation conference) on 11 March 2004 and further listed for hearing on 2 September, 20 September and 8 October 2004. Mr P Baker (11/3/04) and Ms A Urquhart (2/9/04, 20/9/04, 8/10/04) appeared for the AFMEPKIU. Mr N Ruut (11/3/04) and Mr C Green, solicitor (2/9/04, 20/9/04, 8/10/04), appeared for Neil Ruut & Associates. [3] Mr Schneider commenced employment with the employer in April 2002. He resigned with effect from 21 February 2004. [4] Prior to June 2002 the business operated under the terms of the Security Resources Enterprise Agreement 1997. This agreement expired on 6 June 2002 and was not renewed. It was asserted, and not contested, that on the expiry of the enterprise agreement, the terms of the Security Industry Award applied from that point on. [5] The applicant asserts that this award was breached in a number of material respects between June 2002 and February 2004. [6] Numerous attempts to resolve this dispute through direct negotiation and conciliation proceedings before the Commission failed to find a settlement. [7] On 20 September 2004 Mr Schneider gave evidence in support of his claim. [8] When the matter resumed on 8 October Mr Green advised that the amount sought as remedy by the applicant was not contested by the employer. The parties were however involved in negotiations as to a payment schedule, and a further short adjournment was requested to allow those negotiations to continue. [9] At a later hour the Commission was advised that the negotiations had been unsuccessful. [10] Mrs Urquhart sought an order pursuant to s.31 of the Act requiring payment by the employer of an amount of $14455.75 in satisfaction of the wages claim and a further amount of $375.10 in relation to the claim for payment of the First Aid Allowance. [11] Mr Green declined to make submissions. [12] Having considered the evidence of Mr Schneider and the submissions made on his behalf, I am satisfied that the award has been breached in the manner outlined by the applicant. The Commission has not independently checked the calculations made by the applicant. However, given the concession of the employer as to liability, this is unnecessary. Accordingly I am prepared to make an order in the terms sought by the applicant. [13] In relation to the claim relating to superannuation, the Commission will allow a period of approximately three weeks for the parties to obtain ATO verification or otherwise of superannuation contributions made on Mr Schneider's behalf. ORDER Pursuant to s.31 of the Industrial Relations Act 1984 I hereby order that Neil Ruut & Associates, PO Box 807, Kingston, Tasmania 7051, pay to Oswald Schneider, C/- Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, 28 Station Street, Moonah, Tasmania 7009 an amount of fourteen thousand, eight hundred and thirty dollars and eighty five cents ($14830.85), in full settlement of application T11325 of 2004, such payment to be made not later than 5.00pm on 1 November 2004. The file will remain open until the applicant advises the Commission as to the status of the superannuation claim.
Tim Abey Appearances: Mr P Baker (11/3/04) and Ms A Urquhart (2/9/04, 20/9/04, 8/10/04) appeared for the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union Date and Place of Hearing: |