Channells v Riviera Marine (Int) Pty Ltd (Receivers & Managers Appointed) [2011] QIRC 13

CITATION: Adam John Channells AND Riviera Marine (Int) Pty Ltd (Receivers & Managers Appointed) (EC/2011/24) - Decision <http://www.qirc.qld.gov.au> QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 - s. 53 - application for payment instead of taking long service leave Adam John Channells AND Riviera Marine (Int) Pty Ltd (Receivers & Managers Appointed) (EC/2011/24) COMMISSIONER FISHER 25 February 2011 DECISION (as edited and expanded) [1] This is an application by Adam John Channells (the Applicant) for payment instead of taking long service leave under s. 53 of the Industrial Relations Act 1999 (the Act) filed on 17 February 2011. A Directions Order was issued by the Deputy Industrial Registrar on 17 February 2011 naming Riviera Marine (Riviera) as the Interested Party. [The Commission notes that the correct Company name is Riviera Marine (Int) Pty Ltd (Receivers & Managers Appointed).] The Directions Order required the Applicant to provide reasons why the application is being made, a list of income and expenditure from all sources on a fortnightly basis and a list of all assets and liabilities. It also listed the matter for hearing on 25 February 2011 at 10.00 a.m. [2] Further the Directions Order required Riviera to provide to the Industrial Registry a written statement of the present entitlement of the Applicant to long service leave, the monetary value of the leave applied for (net and gross) and their attitude to the application. [3] A letter dated 24 February 2011 was received from Riviera setting out the required information and indicating their attitude in relation to the application. Amongst other matters the Commission was advised that: • Receivers were appointed to Riviera on 8 May 2009 and it remains in the hands of those Receivers; • the relevant Award and policy do not permit employees to cash out all or part of their long service leave; • Mr Channells took a proportion of his long service leave in December 2010/January 2011; and • Riviera had not been provided with any information or evidence from Mr Channels to support his contention that he is suffering from financial hardship. If such information was provided Riviera may reconsider its position. [4] Ms C. Ludemann on behalf of Riviera appeared via telephone for the hearing and further outlined the position of Riviera in relation to these types of applications. The Commission referred to the provisions of s. 53 of the Act and noted that Mr Channells had provided information concerning his financial circumstances directly to the Commission. Ms Ludemann was excused from the further hearing. [5] The Commission proceeded to hear evidence from Mr Channells and asked questions about the reasons for his application and in relation to the financial information he provided. [6] While noting the submissions made by Riviera, the Act requires the Commission to make a determination of whether the grounds of financial hardship have been satisfied. Having read the material attached to the application and heard the evidence of Mr Channells the Commission made a decision from the Bench that it is satisfied that the payment should be made on the grounds of financial hardship. [7] The Commission orders accordingly. G.K. FISHER, Commissioner. Hearing Details: 2011 25 February Released: 25 February 2011 Appearances: Mr A.J. Channells on his own behalf. Ms C. Ludemann and Ms D. Lugton on behalf of Riviera Marine (Int) Pty Ltd (Receivers & Managers Appointed). -- 1 of 1 --