TASMANIAN INDUSTRIAL COMMISSION

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

Jeffrey Douglas Pitman
(T12832 of 2006)

and

Calvary Health Care Tasmania Inc.

Industrial dispute - Long Service Leave - threshold issue - application for adjournment dismissed - matter set down for hearing on 23 November 2006

REASONS FOR DECISION

[1] On 30 October 2006, Jeffrey Douglas Pitman (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 Calvary Health Care Tasmania Inc. arising out of an 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] The matter was listed for hearing (Conciliation Conference) at the Commonwealth Law Courts, 39-41 Davey Street, Hobart, Tasmania on 2 November 2006 at 2.00 pm.

[3] Mr D Smith of Butler McIntyre & Butler, Lawyers, sought and was granted leave to appear on behalf of the applicant; and Mr A Walker of Dobson Mitchell & Allport, Barristers and Solicitors, with Ms C Shaw for the respondent.

[4] The hearing commenced with preliminary submission, 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 on conference had not settled the dispute.

[5] Mr Walker introduced a threshold issue. He argued that charges had been laid against the applicant in another jurisdiction and the hearing in the Commission should not commence until those matters had been finalised. He requested that the application be adjourned sine die.

[6] Mr Smith responded by arguing that, yes, charges had been laid against the applicant, that he had admitted to them and that there was no contest in that jurisdiction. He argued strongly that the matter proceed as soon as possible.

[7] While it has been the practice of this Commission, as currently constituted, to await the outcome of matters before a higher jurisdiction on issues pertaining to the same or connected matters, I find that in this particular instance that the charges are not outstanding in that the applicant has admitted to them.

[8] The Commission will proceed to hearing on 23 November 2006 at 9.30 am, to enable the parties to complete their submission on all aspects of the application. The notice of hearing is attached.

James P McAlpine
COMMISSIONER

Appearances:
Mr D Smith of Butler McIntyre & Butler, Lawyers, for Jeffrey Douglas Pitman
Mr A Walker of Dobson Mitchell & Allport, Barristers and Solicitors, with Ms C Shaw for Calvary Health Care Tasmania Inc.

Date and Place of Hearing:
2006
November 2
Hobart