TASMANIAN INDUSTRIAL COMMISSION

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

Jason Brian Cowen
(T12811 of 2006)

and

Scott Anthony Monks

Industrial dispute - alleged breach of award or registered agreement - application dismissed

REASONS FOR DECISION

[1] On 6 October 2006, Jason Brian Cowen (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 Scott Anthony Monks (the respondent) arising out of an alleged breach of award or registered agreement.

[2] The matter was listed for hearing (Conciliation Conference) at the Commonwealth Law Courts, 39-41 Davey Street, Hobart, Tasmania on Thursday, 19 October 2006 at 9.30 am.

[3] The applicant represented himself; and the respondent represented himself.

[4] The hearing commenced with preliminary submissions, followed by the parties entering into private discussions in an attempt to settle the dispute. When the hearing reconvened the parties informed the Commission that the negotiations in conference had not settled the dispute.

[5] The matter was again listed for hearing Tuesday, 7 November 2006 at 9.30 am.

[6] On this day, the applicant did not present himself at the hearing; the respondent again represented himself.

[7] The hearing was delayed and several telephone calls were placed to the applicant, but there was no response.

[8] At the commencement of the hearing, the respondent produced three exhibits that confirmed the work arrangements between himself and employees, bank receipts as to the method of payment of wages and, that all entitlements had been paid to the applicant.

[9] Accordingly, I find no breach of an award or registered agreement by the respondent. Pursuant to s.21[2][c] of the Act, the application is dismissed.

James P McAlpine
COMMISSIONER

Appearances:
Jason Brian Cowen (19.10.06) for himself
Scott Anthony Monks (19.10.06 and 7.11.06) for himself

Date and Place of Hearing:
2006
October 19
November 7
Hobart