T12726
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Dale Robert Apted and Auswide Products & Services Pty Ltd trading as Evolution Glass and Aluminium Systems
Industrial dispute - constitutional corporation - application dismissed REASONS FOR DECISION [1] On 10 July 2006, Dale Robert Apted (the applicant) 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 Auswide Products & Services Pty Ltd trading as Evolution Glass and Aluminium Systems (the respondent) arising out of a dispute in relation to termination of employment; severance pay in respect of termination of employment as a result of redundancy; and alleged breach of award or registered agreement. [2] This matter was listed for Hearing (conciliation conference) in the Supreme Court, Cameron Street, Launceston, Tasmania on Friday, 4 August 2006 at 9.30 am. [3] Mr J C Kitto, Barrister and Solicitor, sought and was granted leave to appear for the applicant; Mr T Brady, of Season Buck Holdings Pty Ltd, entered an appearance for and on behalf of the respondent. [4] Mr Brady informed the Commission of a threshold issue concerning jurisdiction. He stated that the respondent was a constitutional corporation and as such, did not fall within the ambit of the Industrial Relations Act 1984. He claimed that as a consequence of WorkChoices the Commission did not have jurisdiction and the application should be dismissed. [5] Mr Kitto challenged the submission of Mr Brady. [6] At the time of the above hearing an appeal1 had been lodged with the Tasmanian Industrial Commission and heard on 28 July 2006 by a Full Bench regarding the application of s.30A of the Industrial Relations Act 1984. The hearing was adjourned sine die pending the outcome of the appeal. [7] On 31 August 2006 the Full Bench of the Commission upheld the appeal and found that as a consequence of the WorkChoices amendments to the Workplace Relations Act 1996 (Cth) the Commission did not have jurisdiction in respect to constitutional corporations operating within Tasmania. [8] Therefore, pursuant to s.21(2)(c) of the Act, I dismiss the application, and I so Order. James P McAlpine Appearances: Date and Place of Hearing: 1 T12740 and T12759 of 2006 Sphere Pty Ltd trading as Barron's Char Grill v Douglas Joseph Peter Massey |