Industrial Relations Commission of New South Wales CITATION : Macmillan and Filo and National World Travel Australia Pty Ltd and Others [2001] NSWIRComm 72 APPLICANTS: Simone Macmillan Marie Filo PARTIES : RESPONDENTS: First Respondent - National World Travel Australia Pty Ltd Second Respondent - Morrisett Pty Limited Third Respondent - Ozland Investments Pty Limited FILE NUMBER: 1207 and 1208 of 2000 CORAM: Sams DP CATCHWORDS : Termination of employment - unfair dismissal - failure to comply with agreement reached - matters re-listed - ex parte proceedings - orders made. LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 03/15/2001 DATE OF JUDGMENT: 03/15/2001 APPLICANTS Ms B Harding, Solicitor Abbott Tout LEGAL REPRESENTATIVES: RESPONDENTS First Respondent - Ms B Harding, Solicitor No appearance of second and third respondents JUDGMENT: - 3 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: SAMS DP 15 March 2001 Matter No IRC00/1207 SIMONE MACMILLAN AND NATIONAL WORLD TRAVEL AUSTRALIA PTY LTD AND OTHERS Matter No IRC00/1208 MARIE FILO AND NATIONAL WORLD TRAVEL AUSTRALIA PTY LTD AND OTHERS Applications re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996 DECISION AND ORDERS These matters were provisionally concluded on 26 July 2000 and a record of proceedings made in an exit decision of the same date. The short decision was as follows: These are applications pursuant to s84 of the Industrial Relations Act 1996, filed by Simone MacMillan and Marie Filo, seeking relief in respect to their alleged unfair dismissal by National World Travel Australia Pty Ltd and others, on 12 November 1999. At directions and conciliation proceedings on 2 May 2000, Ms B Harding (Solicitor) appeared for the applicants, Mr B Sparks represented National World Travel and Ms B Vukadinovic (Solicitor) represented Ozland Investments Pty Ltd. During preliminary submissions the parties advised that they were in disagreement over who was the effective employer. It was apparent that this preliminary issue would need to be determined. Having formed the view that conciliation would prove unsuccessful, I listed the matter for hearing on 26 and 27 July 2000 and issued directions for the filing and service of affidavit material. I also set a date for return of subpoena on 23 May. At the hearing, the parties requested an opportunity to have one last attempt at conciliation before proceeding into arbitration. Accordingly, I adjourned into conciliation and chaired conferences with the parties. I was pleased to report that as a consequence of such conferences an agreement was reached. Accordingly, this matter is concluded subject to the execution of the terms of settlement within fourteen (14) days. The hearing dates are formally vacated. Subsequently, Ms Harding contacted the Commission to advise that the terms of settlement had not been executed according to the agreement reached before the Commission on 26 July. The agreement was recorded in the transcript of that day. The matters were re-listed on 15 March 2001, at which time Ms Harding appeared for the applicants and the first respondent. There was no appearance for the second and third respondents, nor any explanation for their non appearance. Ms Harding submitted that a total sum of $9,000 was to have been paid as a joint settlement of both applications. It was to be paid by each of the three respondents in different ways. She advised that the first respondent, National World Travel Australia Pty Ltd, had paid its agreed proportion of the total amount and no claim is made against it. She sought an order against the second and third respondents arising from their failure to comply with the agreement made in the proceedings before the Commission on 26 July 2000. Having heard the submissions of Ms Harding, and in the unexplained absence of the second and third respondents to these matters, I intend to make an order giving effect to the agreement that was entered into on 26 July 2000. Ms Harding sought costs incurred by the applicants since 26 July 2000 and for the proceedings today, under s181(2)(c) of the Act. The Commission requires such application to be made by notice of motion within twenty-eight (28) days of today. ORDERS Pursuant to s89(5) of the Industrial Relations Act 1996, the Commission orders that: 1) National World Travel Australia Pty Ltd shall pay to the applicants the sum of $3,350. 2) Ozland Investments Pty Ltd shall pay to the applicants an amount of $2,150. 3) Morrisett Pty Ltd shall pay to the applicants an amount of $3,500 in monthly instalments of $300 a month commencing on 15 August 2000. This order shall take effect from 26 July 2000 and shall remain in force and effect for a period of twelve (12) months thereafter. Peter Sams Deputy President DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.