TASMANIAN INDUSTRIAL COMMISSION

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

Anne John
(T12712 of 2006)

Hayley Jayne Scott
(T12713 of 2006)

Helen Joan Allan
(T12716 of 2006)

and

Findhorn Tasmania Pty Ltd

Industrial dispute - alleged breach of an award - order issued

REASONS FOR DECISION

[1] On 5 July 2006, Anne John and Hayley Jayne Scott, and on 6 July 2006, Helen Joan Allan, (the applicants) applied to the President, pursuant to Section 29(1A) of the Industrial Relations Act 1984, for a hearing before a Commissioner in respect of an industrial dispute with Findhorn Tasmania Pty Ltd arising out of the alleged breach of the Cleaning and Property Services Award.

[2] These applications were listed for a conciliation conference on 22 August 2006. The applicants were self-represented and Mr Thane Brady of Searson Buck represented the respondent. The conference failed to resolve that matters in dispute and the applications were listed for hearing on 5 September 2006.

[3] By correspondence dated 4 September 2006, the respondent advised as follows:

"I received notification from the Tasmanian Industrial Commission setting down a hearing date for 10.30am 5 Sept 2006. Once again I am unable to attend this hearing, but have made arrangements for Thane Brady, Industrial Relations Manager for Searson Buck to advise me on the outcome. He will not attend the hearing.

If you require any further information please contact me on the above telephone number or by Email.

Yours Sincerely

Philip Humphries
Director Findhorn Tasmania Pty Ltd"

[4] In the circumstances I determined that the matters should proceed as listed.

[5] There are a number of elements that are common to all applications.

[6] Findhorn Pty Ltd at the relevant time operated as a commercial cleaning contractor. The Commission was informed that the business held a number of cleaning contracts for properties in and around the Launceston area.

[7] The three applicants were employed by the business on cleaning duties, primarily at Peppers Seaport Hotel. On a number of occasions the applicants raised with their employer the question of whether the appropriate award was being observed. The applicants advised that this invariably met with an unsatisfactory response.

[8] Clause 2 Scope of the Cleaning and Property Services Award reads:

"This award is established in respect of the property service industry which includes, without limiting the generality thereof, the provision of cleaning, pollution control, general maintenance, repair and ancillary security services in both domestic and non-domestic premises."

[9] I am satisfied that the Cleaning and Property Services Award has application and that the appropriate classification is Property Service Employee Grade 1.

[10] All three applicants advised that they had submitted their payslips to Workplace Standards Tasmania (WST).

[11] WST undertook a calculation based on the difference between what the applicants had been actually paid, and what they were entitled to under the award. The calculations were tendered into evidence and not contested. Accordingly I accept the WST calculations as correct.

[12] Clause 30 of the award relates to superannuation. Two of the applicants have claimed an additional superannuation contribution based on 9% of the difference between the amount of wages actually paid and that which they are entitled to under the award. I am satisfied that this claim is properly made out.

Anne John

[13] Ms John worked between 28 April 2004 and 10 November 2005.

[14] The WST calculation as to the wages shortfall is $8457¹. The additional superannuation contribution payable on this component is $761.

Hayley Jayne Scott

[15] Ms Scott commenced employment on 17 August 2005 and terminated on 7 December 2005. The WST calculation of the wages shortfall is $1506².

Helen Joan Allan

[16] Mrs Allan commenced work on 7 December 2005 and terminated on 24 May 2006. The WST calculation of the wages shortfall is $2609³. The additional superannuation contribution payable on this component is $166.

ORDER

Pursuant to Section 31 of the Industrial Relations Act 1984 I hereby order that Findhorn Tasmania Pty Ltd pay the following amounts to the former employees named below:

• To Anne John an amount of eight thousand four hundred and fifty seven dollars ($8457) together with an additional superannuation contribution to Ms John's account with Tasplan of seven hundred and sixty one dollars ($761);

• To Hayley Jayne Scott an amount of one thousand five hundred and six dollars ($1506);

• To Helen Joan Allan an amount of two thousand six hundred and nine dollars ($2609) together with an additional superannuation contribution to Mrs Allan's account with Tasplan of one hundred and sixty six dollars ($166).

I further order that the above payments are to be made not later than 5.00pm on Friday 22 September 2006.

Tim Abey
COMMISSIONER

Appearances:
Ms A John, Ms H J Scott and Mrs H J Allan, self-represented

Date and Place of Hearing:
2006
August 22
September 5
Launceston

1 Exhibit A1
2 Exhibit A2
3 Exhibit A3