TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s29 application for hearing of industrial dispute

National Union of Workers (Central Branch)

Damien Lee Lane
(T12326 of 2005)
Natasha Anne Jarman
(T12327 of 2005)
Lesley Jones
(T12328 of 2005)
Karina Munting
(T12329 of 2005)
Jake William Nevell
(T12330 of 2005)
Natasha Denman
(T12331 of 2005)
Raymond Thomas Short
(T12332 of 2005)
Kylie Simons
(T12333 of 2005)
Amy Meddings-Blaskett
T12334 of 2005)
Andrew Viney
(T12335 of 2005)
Katrina Davis
(T12336 of 2005)
Matthew Vanderheide
(T12337 of 2005)
Michael James Beames
(T12338 of 2005)
Taryn Jane Moylan
(T12339 of 2005)
Brett Matthew Freeman
(T12340 of 2005)

and

Hillwood Cheeses

Industrial dispute - the alleged breach of an award or a registered agreement

REASONS FOR DECISION
Re-opening of files

(1) These applications were made in the latter part of 2005. Following a routine review of inactive files the Commission wrote to the National of Workers Central Branch (NUW) on 23 May 2007, who had represented all of the applicants throughout the proceedings, advising that: "If we do not hear from you by 6 June 2007, we will close the file." No response was received and on 7 June 2007 the Commission issued a document headed "Record of Outcome of Application" which discontinued the matters and closed the files.

(2) On 21 June 2007 Mr B Bolitho of the NUW wrote to the Commission in the following terms:

"We are writing to re-open the file on...(lists all applicants)...

I was away on annual leave between 21 May and 15 June and my part-time clerical stand-in was not aware of the signification of your notification when it was received."

(3) I am of the view that the decision to close the files was taken without the applicant's representative having the opportunity, in the circumstances, to respond. Accordingly, I have decided to rescind the decision and the files remain open. Any of the parties are able to make application to have the matters re-listed.

P C Shelley
DEPUTY PRESIDENT