TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.15 referral of long service leave dispute
pursuant to the Long Service Leave Act 1976

Secretary, Department of Justice, Workplace Standards Tasmania
(T12894 of 2007)

and

Clifton Furniture Pty Ltd (In Liquidation)

Long Service Leave dispute - referral amended - pro-rata Long Service Leave entitlement - Order issued

REASONS FOR DECISION

[1] This application was made by The Secretary, Department of Justice, Workplace Standards Tasmania (WST), pursuant to s.13 of the Long Service Leave Act 1976 (the Act) for a hearing to settle a dispute concerning the non-payment of pro-rata Long Service Leave.

[2] The dispute was between Yvonne Mary Baker and Clifton Furniture Pty Ltd (the employer).

[3] Appearances: Mr G Williams with Mr G Thomas for WST; Mr R Layton for the employer.

[4] At the commencement of the hearing Mr Williams, for WST, informed the Commission that Clifton Furniture Pty Ltd had been placed in receivership. Firstly, he sought to amend the employer named in the application in the following manner¹:

"Clifton Furniture Pty Ltd (In Liquidation), C/- Paul Cook & Associates, 105 Macquarie Street, Hobart, Tasmania 7000"

[5] Secondly, the Clerical and Administrative Employees (Private Sector) Award named in the referral was a typographical error. It should have named the²:

[6] Mr Williams confirmed that the calculations claimed for pro-rata Long Service Leave had been based on the Furnishing Trades award and were correct.

[7] Mr Williams outlined the circumstances of the claim to the Commission, and stated in summary that: Mrs Yvonne Mary Baker is claiming an entitlement to pro-rata Long Service Leave payment because she alleges she had more than twelve years' employment at the business and her employment was terminated by the employer.

[8] Mr Layton, for the employer, did not dispute that the entitlement existed, however he did not have the capacity to pay Mrs Baker.

[9] I find the claim against Clifton Furniture Pty Ltd (In Liquidation) in the amount of $6,869.37 for accrued pro-rata Long Service Leave entitlement is due and owing to Yvonne Mary Baker, and I so Order.

[10] Given the submissions of the parties, and pursuant to Section 13(3) of the Long Service Leave Act 1976, I hereby Order Clifton Furniture (In Liquidation) pay to Yvonne Mary Baker the sum of six thousand eight hundred and sixty nine dollars and thirty seven cents ($6,869.37) for accrued pro-rata Long Service Leave entitlement.

James P McAlpine
COMMISSIONER

Appearances:
Mr G Williams with Mr G Thomas for the Minister for Justice and Workplace Relations, Workplace Standards Tasmania
Mr R Layton for Clifton Furniture Pty Ltd (In Liquidation)

Date and place of hearing:
2007
March 7
Launceston

1 Exhibit A1
2 Exhibit A3