C2001/1651, Transcript of Proceedings [2001] AIRCTrans 656 (18 April 2001)

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TRANSCRIPT OF PROCEEDINGS


AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER DEEGAN

C NO 1651 OF 2001

MEDIA, ENTERTAINMENT AND ARTS ALLIANCE-AUSTRALIAN CAPITAL TERRITORY BRANCH

AND

FERRIER HODGSON

NOTIFICATION PURSUANT TO SECTION 99
OF THE ACT OF A DISPUTE RE FAILURE OF FERRIER HODGSON, LIQUIDATOR ON BEHALF OF THE COSMOPOLITAN CINEMAS, TO PAY REDUNDANCY PAYMENTS

CANBERRA

9.08 AM, TUESDAY, 3 APRIL 2001

PN1

THE COMMISSIONER: I will take appearances.

PN2

MR M. WHITE: If it pleases the Commission, for the MEAA and with me is MR R. HAMPSTEAD.

PN3

MR B. TAYLOR: Liquidator of G & M Cinemas.

PN4

THE COMMISSIONER: Mr White.

PN5

MR WHITE: Thank you, Commissioner. I thought in the first instance I might seek to move straight into conference, just to outline what I see are the major issues for you, if that is - - -

PN6

THE COMMISSIONER: Yes, that is all right. If the matter is going to go to a formal hearing then we will make the directions and orders on transcript later. Yes, I will go off the record now, thank you.

SHORT ADJOURNMENT [9.08am]

RESUMED [9.20am]

PN7

THE COMMISSIONER: Yes, Mr White.

PN8

MR WHITE: Thank you, Commissioner, MEAA is here this morning to seek an order from the Commission as per the Entertainment Industry Cinema Award 1998, under clause 14.9 - 14.8 sorry, where it is - sorry 14.9 where subject to an order of the Commission and in particular redundancy case, the clause relating to the fact that redundancy payments should be not paid to employers with less than 15 employees is, in fact, revoked by the Commission.

PN9

We seek an order from the Commission in this matter so that the two employees involved, Mr Ian Francis and Mr Les Herstick, will be able to continue their application to the Employee Entitlements Support Scheme.

PN10

THE COMMISSIONER: Can you give me the full names of the two employees concerned and spell those names please?

PN11

MR WHITE: Yes. Mr Ian Francis. F-r-a-n-c-i-s. And Mr Les Herstick. H-e-r-s-t-i-c-k. Both who were employed as projectionists at the Cosmopolitan Cinema.

PN12

THE COMMISSIONER: Add anything else, Mr White?

PN13

MR WHITE: That is all, Commissioner.

PN14

THE COMMISSIONER: That is all. I see. Mr Taylor.

PN15

MR TAYLOR: As far as the company in liquidation is concerned there is no doubt that Mr Herstick and Mr Francis were both employees. They were terminated in October 2000 when it became clear that the company could no longer continue the trade. At that stage of their termination there were less than 15 employees. So prior to today, their claims for redundancy had not been taken on board on the basis of legal advice received. I understand the Commission has the power to grant an order - I am sorry?

PN16

THE COMMISSIONER: You are right.

PN17

MR TAYLOR: And we are in your hands.

PN18

THE COMMISSIONER: All right. And it is true, is it, Mr Taylor, that in the past this employer would have had in excess of 15 employees?

PN19

MR TAYLOR: That is my understanding.

PN20

THE COMMISSIONER: All right. Well, on the basis of the information that has been supplied to me in conference today and also on the matters put to me by Mr White from the MEAA and Mr Taylor, I am satisfied that I should make an order which removes the application of clause 14.9 of the Entertainment and Broadcasting Industry Cinema Award 1998 in respect of the redundancy of Mr Les Herstick and the redundancy of Mr Ian Francis from G & M Cinema Propriety Limited trading as the Cosmopolitan Twin Cinemas in liquidation. That order will be made as today's date. Those orders - I will make separate orders for each person as I believe that is probably what the award requires. I will adjourn.

ADJOURNED INDEFINITELY [9.23am]