T12739
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 John Graham Lewis and P & J Sheds Pty Ltd, trading as Ranbuild Hobart
Industrial dispute - termination of employment - Long Service Leave - threshold issue - constitutional corporation - application dismissed [1] On 20 July 2006, John Graham Lewis (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 P & J Sheds Pty Ltd, trading as Ranbuild Hobart (the respondent) arising out of a dispute in relation to termination of employment; and, a dispute over the entitlement to long service leave, or payment instead of any such leave, or the rate of ordinary pay at which any such leave or payment is to be paid. [2] This matter was listed for Hearing (conciliation conference) in the Commonwealth Law Courts, 39-41 Davey Street, Hobart, Tasmania on Tuesday, 8 August 2006, however, this was subsequently changed to Friday, 18 August 2006 at 2.00 pm. [3] The applicant represented himself; Mr P and Mrs J Purdon entered an appearance for and on behalf of the respondent. [4] The conference commenced with preliminary submissions, followed by the parties entering into private discussions in an attempt to settle the dispute. When the conference reconvened, the parties informed the Commission that their negotiations had not settled the dispute. [5] The applicant had been employed by the respondent for one year and eleven months. It was agreed that he did not qualify for the Long Service Leave component of the application. [6] Mr Purdon informed the Commission 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, in respect to the termination of employment of the applicant, should be dismissed. [7] The applicant did not present argument to challenge that position. [8] 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 s.30A of the Industrial Relations Act 1984. The hearing was adjourned sine die pending the outcome of the appeal. [9] 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. [10] 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
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