PARTIES GRAEME DAVIES v ITRANEX PTY LTD
Deputy
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APPLICANT: PARTIES GRAEME DAVIES
RESPONDENT: ITRANEX PTY LTD
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Concept tags · 2
Cases cited in this decision · 2
Cited
[2002] WAIRC 4659
(not in corpus)
"…WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES GRAEME DAVIES, APPLICANT v. ITRANEX PTY LTD, RESPONDENT CORAM CHIEF COMMISSIONER W S COLEMAN DELIVERED WEDNESDAY, 16 JANUARY 2002 FILE NO/S. APPLICATION 1924...…"
Cited
[2002] WAIRC 4760
(not in corpus)
"…you an additional $2455.36 already paid. 2. Your holiday pay (and weeks owing) have been calculated at the rate of $75000 p.a. for the full period and not reduced during your part-time payment period i.e. $221.15 in...…"
Archived text (438 words)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES GRAEME DAVIES, APPLICANT v. ITRANEX PTY LTD, RESPONDENT CORAM CHIEF COMMISSIONER W S COLEMAN DELIVERED WEDNESDAY, 16 JANUARY 2002 FILE NO/S. APPLICATION 1924 OF 2001 CITATION NO. 2002 WAIRC 04659 _________________________________________________________________________________________________________ Result Order issued Representation Applicant Mr G Davies Respondent Mr D Mann _________________________________________________________________________________________________________ Order WHEREAS a meeting of the parties was held before Deputy Registrar Lovegrove on 9 January 2002; and WHEREAS by consent, the parties agreed that an order of the Commission should issue in the terms identified in Schedule A to this order. NOW THEREFORE pursuant to the powers vested in it by the Industrial Relations Act, 1979, the Commission hereby orders— THAT the Respondent pay to the Applicant the amounts identified in Schedule A by no later than 20 February 2002. (Sgd.) W. S. COLEMAN, [L.S.] Chief Commissioner. _________ SCHEDULE A September $75 000 p.a. / 12 = $6250.00/month $6250.00 / 30 (days in Sep) = $208.30/day 16 days at full rate = $3333.33 14 days at $50k pro rata = $1944.44 $5277.77 (gross) Less tax of $1512.00 = $3765.77 (net) October (includes holiday pay) Salary $50 000 p.a. / 12 = $4166.66/month $4166.66/31 (days in Oct) = $134.41/day 19 days = $2553.76 (gross) Holiday Pay 36 weeks / 52 = 0.69 of a year 4 weeks x 0.69 = 2.77 weeks owed 8 days leave taken = 1.6 weeks taken 12/04/01 – 17/04/01 (2) 16/07/01 – 20/07/01 (5) 82 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 335 12/09/01 – 14/09/01 (1) = 1.17 weeks owed in total $75 000 / 52 = $1442.31 / week $1442.31 x 1.17 = $1687.50 Holiday pay + October Salary $2553.76+ $1687.50 = $4241.26 (gross) Less tax of $1049.00 = $3192.26 (net) Superannuation 12/02/01 – 31/08/01 = $3500.00 1/09/01 – 19/10/0 1 = $791.52 (includes holiday pay) Total Super owing = $4261.52 Total funds owed for superannuation, wages and holiday pay = $11 219.55 In terms of your employment, shares (at pro-rata) to the value of $19 000 will be afforded to you. Your forbearance in this matter is appreciated. Upon receipt of major funding, (AUD$1m) we will look to offering you a buy-back at a premium should you wish. Rest assured, our commitment to endeavour to pay your monies owed as soon as possible remains. 1. Your initial pay in February was paid from 1/02/2001 and not from 12/02/2001 affording you an additional $2455.36 already paid. 2. Your holiday pay (and weeks owing) have been calculated at the rate of $75000 p.a. for the full period and not reduced during your part-time payment period i.e. $221.15 in your favour. ____________________ 2002 WAIRC 04760