T11126
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Newemploy Pty Ltd and Australasian Meat Industry Employees' Union
DECISION [1] This is an appeal against a decision of Commissioner Shelley (as she then was) in Matter T10797 of 2003 by Newemploy Pty Ltd (Newemploy). [2] The Commissioner ordered in her decision issued on 1 October 2003:
[3] The Commissioner also ordered that Blue Ribbon Pty Ltd (Blue Ribbon) and Newemploy reinstate the former employees, the subject of the decision, to their previously held positions with no loss of entitlements. [4] The decision of the Commissioner was the subject of a determination by His Honour Justice Blow of the Supreme Court of Tasmania following application by both Blue Ribbon and Newemploy. His Honour found that the Commissioner's decision was within jurisdiction. [5] The decision of Justice Blow is now subject to appeal to a Full Bench of the Supreme Court by Blue Ribbon in respect to that part of the decision which ordered that Blue Ribbon reinstate the former employees. [6] Newemploy has not appealed His Honour's decision. [7] The appeal to this Commission by Newemploy against the Commissioner's decision was listed for directions and programming on 29 April, 2004. There was no appearance by the appellant Newemploy. [8] The Full Bench was informed that Newemploy had applied to be put into liquidation and that a meeting of creditors would take place on 4 May, 2004. We understand that Newemploy is now in liquidation effective from that date. [9] At the hearing on 29 April, 2004, the Bench indicated that Directions would be issued allowing Newemploy seven days in which to provide any submission it may wish to put to show cause why the appeal application should not be dismissed pursuant to s.21(c)(ii) and (iv) of the Industrial Relations Act, 1984 (the Act). [10] No submission has been received and accordingly we dismiss the appeal application filed by Newemploy, T No.11126 of 2003, pursuant to s.21(c)(ii) and (iv) of the Act, effective from the date of this decision. [11] We confirm that part of Commissioner Shelley's decision in Matter T10797 of 2003 which ordered that Newemploy Pty Ltd pay to the employees the amount of wages they would have received from 2 April 2003 to the date of the implementation of these Orders, less any income from paid work performed during that period, but not including any government benefits received during that period, such details to be confirmed by statutory declaration and will take effect from the date of the order, being 7 May 2004 and I so Order.
P L Leary Appearances: Date and place of hearing: |