Mr Colin Smith v Scientific Pest Management (Australia Pacific) Pty Ltd

[2013] FWC 5146

[2013] FWC 5146

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009
s.394 - Application for unfair dismissal remedy

Mr Colin Smith
v
Scientific Pest Management (Australia Pacific) Pty Ltd
(U2013/5532)

COMMISSIONER WILSON MELBOURNE, 30 JULY 2013

Application for amended orders - Extension of time to make payment.

[1] Further to the order made by me on 22 July 2013[PR539198], the Respondent Scientific Pest Management (Australia Pacific) Pty Ltd, has approached the Commission for a variation of the time over which the compensation ordered by me must be paid. The order required the compensation to be paid by 5 August 2013.

[2] The Respondent argues that its cash flow is very tight at the moment and that it instead seeks to make payment over 8 weeks from the original date of the order. It says it has paid the first 1/8th payment and indicates it will program the remainder in accordance with this timetable; the next payment would therefore be due on or around 30 July 2013.

[3] The Applicant seeks payment in full in accordance with the original timetable.

[4] After taking into account the views of the parties and the material before me in the hearing, I am disposed to amend the order, but not as significantly as the Respondent proposes. Instead, I will require that all payments be made on or before 23 August 2013.

[5] I will amend the order to the following;

● 23 July 2013 - Payment of 1/8th of total

● 31 July 2013 - Payment of 1/8th of total

● 9 August 2013 - Payment of 1/4th of total

● 16 August 2013 - Payment of 1/4th of total

● 23 August 2013 - Payment of 1/4th of total

COMMISSIONER

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<Price code A, PR539507>