Today, Feb 20th 2017

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Perth Iceworks Ordered to Pay Long Service Leave

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The TWU was recently successful in a long running case to recover long service leave entitlements for two members, Kieran Cousens and Andrew Trichet former employees of Perth Ice Works.

Kieran worked for the firm for just over seven years, and Andrew for just over 10. Both left to move to other jobs.

However, Perth Ice Works did not pay any long service leave entitlements to either and they asked us to take the matter up on their behalf.

TWU Organiser, John Cutrali contacted the firm and was told by the owner that the company had purchased the Perth Ice Works business from the previous owner.

Kieran and Andrew had been employed in the business at that time, and that the previous owner had agreed to pay all employee entitlements.

The new owner was therefore not prepared to pay any long service leave to the two men and maintained the previous owner was liable.

We pointed out to the new owner that the the WA Long Service Leave Act were quite clear, and that he was liable to pay the long service leave entitlement due to Kieran and to Andrew.

However we were not able to persuade him to pay up so we took the matter to the Industrial Magistrates Court.

A hearing was held in May.

I was assisted in the preparation for the hearing of these two cases by our newly appointed Industrial Officer, John Collier.

Then, John Collier did the hearing for Andrew Trichet and I did the hearing for Kieran Cousens.

The Industrial Magistrate agreed with our submissions that where a business changes hands and employs workers who were working in the business under a previous owner, then, the new employer is liable.

Under the Long Service Leave Act, the time worked for the previous owner counted as service with the new owner of the business.

The Industrial Magistrate made orders that Perth Ice Works pay Kieran Cousens the sum of $4,574, and Andrew Trichet the sum of $5,430.71.

A good result for the members, who had been waiting for some time to get their long service leave entitlements from Perth Ice Works.