TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s13 of the Long Service Leave Act 1976

Dale Steven Wiggins
(T13929 of 2012)
and
Autas Pty Ltd and Auto Consultants (Tas) Pty Ltd

ACTING PRESIDENT TIM ABEY
HOBART, 22 August 2012

Industrial dispute - long service leave – no jurisdiction by TIC – matter directed to the Fair Work Ombudsman

DECISION

[1] This application was referred by the Secretary, Department of Justice, pursuant to s13 of the Long Service Leave Act for a hearing to settle a dispute concerning the non-payment of long service leave.  The dispute is between Dale Steven Wiggins and Autas Pty Ltd and Auto Consultants (Tas) Pty Ltd.

[2] This matter was listed for a conciliation conference on 1 August 2012.

[3] Mr Williams tendered advice obtained from the Tasmanian Automobile Chamber of Commerce (TACC) which indicated that the employers may at the relevant times have been a respondent to the Federal Award known as the Vehicle Industry – Repair, Service and Retail (Long Service Leave) Award 1977.

[4] The hearing was adjourned to enable the Commission to seek confirmation of this advice.

[5] On the same day the Commission wrote to the Victorian Automobile Chamber of Commerce (VACC) seeking to ascertain the membership status of the employers at the relevant times together with advice as to the relationship between VACC and TACC for award respondency purposes.

[6] In correspondence dated 17 August 2012 the VACC advised:

“With regards to your request for information concerning two business entities in Tasmania, I can confirm that the following businesses were members of VACC/TACC during the dates as shown below:

• Lin Gigney Automotive T/as Autas Pty Ltd (member no. 35011) – from 8 November 1999 and ceased trading on 24 July 2002.
Mr Carl Jedamzik was the Nominated Chamber Representative during this time and for this business.
• CLIRL Pty Ltd T/as Jedamzik Automotive was listed as a Member (member no. 35012) from 8 November 1999 and ceased trading 26 June 2009 when they went into liquidation.  This business was also known as ‘Autas.’
Mr Richard Lee was the Nominated Chamber Representative during this time and for this business.
• Auto Consultants Pty Ltd (member no. 51984) was listed at the same site and was a Member from 11 January 2010 until cessation on 7 September 2011.
Mr Robert Brown was the Nominated Chamber Representative during this time and for this business.

You have further requested information regarding the connection between VACC and TACC.

I can confirm that VACC is Federally Registered as per the Fair Work (Registered Organisations) Act 2009.

TACC is a division of VACC following a merger of TACC and VACC in 1998.  Therefore, Federal Award Coverage applies to all TACC Members.”

[7] I find that at all relevant times the applicant was employed by an employer respondent to the federal Award.

[8] Accordingly I find that the Tasmanian Industrial Commission does not have jurisdiction to hear and determine this matter.  The matter should be directed to the Fair Work Ombudsman.

Tim Abey
ACTING PRESIDENT

Appearances:
Dale Wiggins
Graeme Williams for WST
Megan McConnon and Paul Cook
Philip Kimber for Carl Jedamzik Automotive, Autas Pty Limited

Date and place of hearing:
2012
August 1
Hobart

<TIC023/2012>