After the Shareholders' meeting in November (the one that approved the
$10m investment funding), we attempted to team up with the Tax Office
to increase our payments by forcing a Creditors' meeting to vary the Deed.
Our proposal was to increase employee payments to 100%, restore
priority, and double the payment (to 40%) to Ordinary Unsecured
Creditors. Our estimate was that we had about three months to
persuade the Tax Office to act.
The plan was to have the Tax Office (who are owed more than 10%) lodge
a notice under 445F which would compel the Administrators to hold a
meeting, and use the extra payment to Ordinary Unsecured Creditors to
persuade them to vote in favour of the change. We were in the process
of signing and sending a letter to the Tax Office when Deloitte's
Notice of Meeting came out.
As most of you probably guess, the Tax Office take their time, and the
time ran out three-and-a-half weeks later on the 24 Dec 2003. But we
did make sure to pester them occasionally until that date.
In effect, we saw a good opportunity to increase our payout, but then
Deloitte (or OT) made it a lot harder by giving us a lot less time to
act. Like some of the other things done by Deloitte, it was a dirty
legal trick.
Nick Bishop, bigfoot.com @ nick4mony
-----
... The reason why you never see tiny dogs (common in South Yarra) in
the outer suburbs, is that eveything is so spread out that the dog
would die of exhaustion before it reached the front gate. The outer
suburban dweller therefore chooses a large dog, but this choice
results in an unfortunate side-effect often seen in outer suburban
streets: the dog taking the owner for a walk (and not the other way
around).
-oOo-
Apperantly employees of Swish have had similar GEERS experience as we did.
Does anyone know a Swish ex-employee who waiting on GEERS? Please e-mail me
on p.s.davis@....
regards
Paul
There was a bounced message from dfr.webmaster at cox.net to both
groups on 2 December 2003.
An enquiry sent to that address bounced. If you know anything, let me
know.
Nick Bishop
-----
The average outer suburban home contains four bedrooms, a kitchen
(often used for eating), an informal dining room (sometimes used for
eating), a formal dining room (rarely used for eating), a lounge room,
a rumpus room, and two bathrooms (because the average suburban bladder
cannot hold on for the time it gets to the single bathroom at the
wrong end of the house, if there was only one). Most homes also have
a six-car garage, because the previous owners had four kids. The
current owner usually lives alone because divorce rates have hit an
all-time high. Each house looks like the next 20 houses in the
street, and takes up the space used by a 100-apartment building in
South Yarra.
Thirty years ago, the outer suburbs were all sheep paddocks, and sheep
don't require public transport. The reason there's still no public
transport there today is that the government treats the outer suburban
residents like sheep.
-oOo-
People,
I received an email from Sallie Muir a few hours ago (Wednesday 2pm).
As well as addressing the specifics of my situation, she made a
number of interesting points which some people here may find useful.
She does not specifically say how the unremitted April/May car
payments are being handled, but if you have such a situation, make
sure that Deloitte knows about it, because they don't automatically
find out.
If anything below leads you to change your claim, get onto it pronto,
because today was the deadline.
The following are extracts from that email, with highly personal
information removed.
++++++++++ From Sallie Muir ++++++++++
I confirm that your claim for expenses was admitted as an employee
claim
(as opposed to an unsecured claim), to be paid out of the employee
fund.
This is consistent with the way we have treated all other 'approved
employee expense claims' for expenses incurred on behalf of the company
but not reimbursed as part of the last monthly pay run.
A final dividend is calculated to ensure that additional claims and
other claims, such as yours, that require adjustment are effectively
"equalised" to ensure that the total dividend received (interims and
final) are calculated on the final list of admitted claims.
Salary sacrifices for the month of June 2002 have been ignored for the
purposes of the payment of dividends. That is to say that, salaries
have been grossed up to their 'normal wage' and paid as wages.
A special circumstance may arise where a particular employee has had
payments deducted from their salary and not remitted to, a lease
company
for instance, for more than one month. This is problematic in most
instances as payroll systems generally only record the deduction and
not
the remittance (except in the case of superannuation) and we must rely
on information from the employee indicating that a lease company has
advised them that a lease payment has not been made by the company for
more than one month. We usually deal with such issues on an individual
basis as they are not common.
Contractors are unsecured creditors. Their claims have been treated as
unsecured claims regardless of the nature of the debt owed.
> -----Original Message-----
> From: Nick Bishop [mailto:nick4mony@...]
> Sent: Wednesday, 31 December 2003 5:37 PM
> To: Muir, Sallie (AU - Sydney)
> Subject: OpenTel - Expenses claim
>
> Dear Sallie,
>
> I see that my claim against the Employee Fund has been
> increased
> by the claim for expenses that I had. However, the amount of
> increase is not correct.
>
> [There needs to be a second increase to bring it to the exact
> amount]
> [discussion on how to achieve the effect of paying about 44% of the
> amount of second increase all at once, and paying 22% on the rest of
> my claim.]
>
> *****
>
> This illustrates the difficulty that some people had
> interpreting the instructions, and knowing how to claim:
> a) super,
> b) expenses
> c) salary sacrifices for cars or super or health insurance
> d) expenses if you were a contractor
> e) expenses if you were an employee who had resigned.
>
> It was never explained (until that phone call) that expense
> reimbursements would be claimed against the Employees Fund.
> The
> letter to me dated 1 August 2003 implied that these were not
> dealt with as employee entitlements.
>
> An email from Andrew Needham Fri, 29 Aug 2003 17:41:20 +1000
> simply noted "Your claim for unreimbursed travel expenses is
> noted" without specifying the amount, and without including it
> in the amended claim.
>
> While I don't have the problem of Salary Sacrifice for cars or
> anything else, I would be interested in a brief summary of how
> that is being dealt with.
There are 8 threads of conversation in this summary
Threads continued from previous summaries, out of a possible 18
6. Jokes
13. OTT ASX announcement: Equity Capital Raising
16. Tax Rates
There are 5 new threads.
19. Progress of the payout
20. Meeting of creditors to vary the Deed
21. Parliamentary Joint Committee
22. Swish Group
23. Emphasis being stripped from HTML mail
Thread: 6
Subject: Jokes
Email footers (from Nick).
-----
Disclaimer, n:
Advice to the reader that they should put their lawyer away
-----
Position vacant: Suicide bomber.
Must have experience.
-oOo-
Other funnies ...
-----
Date: Thu, 4 Dec 2003 18:57:43 +1100
From: "Tom Northey" <tn@d...>
The letter that accepts your claim (or rejects it partially or totally)
from
Mr Yates is headed "Form 537" (well it is for me) but otherwise it
looks
like a letter.
Date: Thu, 04 Dec 2003 09:00:51 -0000
From: nick4mony
Subject: Statement of Claim
--- In openvictims@..., "Elizabeth Fullerton"
<laslig@o...> wrote:
> my letter doesn't have a form number. but it says they accept my
claim. and
> it's signed. in ink.
Not in blood? Sorry, not good enough.
==========
Where's a suicide bomber when you need one?
________________________________________________________________________
________________________________________________________________________
Thread: 13
Subject: OTT ASX announcement: Equity Capital Raising
Date: Thu, 18 Dec 2003 18:09:37 +1100
From: "Tom Northey" <tn@d...>
Subject: OT's share and option issue has been delayed slightly
OT's share and option issue has been delayed slightly apparently
because
they ran afoul of Corp Law section 727 "Offering securities without a
current disclosure document". It seems they got in trouble for issuing
the
placement options and/or shares too soon.
They have had to issue new prospectuses for the rights issue and the
options
issue (options are for for those in the placement).
See ASIC at http://tinyurl.com/335g5 and http://tinyurl.com/2p7dh
________________________________________________________________________
________________________________________________________________________
Thread: 16
Subject: Tax rates
Date: Wed, 17 Dec 2003 11:33:10 +1100
From: "Tom Northey" <tn@d...>
Subject: cheques are ready and update on tax rates
I just heard from Sallie that cheques are ready to be posted today.
An update on the tax rates info below...
----- Original Message -----
From: "Tom Northey" <tn@d...>
To: <openvictims@...>
Sent: Thursday, October 23, 2003 7:32 PM
Subject: Re: [openvictims] tax rates
> http://www.ato.gov.au/content/downloads/n3351.pdf "Unused Leave
Payments
on
> Termination of Employment"
> says payment for unused leave and long service leave (in case of
> redundancies) is taxed at 31.5%.
>
> http://www.ato.gov.au/content/downloads/n3349.pdf "Eligible
Termination
> Payments" says
> ETP is taxed at 21.5%. The ETP is that part of the payment for
notice and
> redundancy that exceeds the tax free limit. You can roll the ETP
into a
> super fund and avoid the tax, but I doubt many people will exceed the
tax
> free limit for notice and redundancy.
Note that the payment in lieu of notice is always considered part of
the ETP
i.e. the tax free threshold applies only to the redundancy amount.
ETP's under $5k do not have to be reported to ATO and so do not count
towards your RBL (which determines how much super you can get at lower
tax
rates when you retire). So it seems to me that most people won't get
enough
redundancy and notice to be over $5k. By my calcs you had to have a
salary
over $135k before your notice went over $5k (after 44% applied).
"Reasonable benefit limits-which benefits do not count"
http://www.ato.gov.au/super/content.asp?doc=/content/12325.htm
> http://www.ato.gov.au/super/content.asp?doc=/content/19824.htm says
> The tax-free limit for the 2002/2003 year is a flat dollar amount of
$5,623
> plus $2,812 for each completed year of service. [We may get into the
> 2003/2004 tax year so presumably that is higher but I couldn't find
it.]
> Completed years of service include periods of annual leave and long
service
> leave taken. If the payment is more than the tax-free limit, the
amount
over
> the limit is an eligible termination payment (ETP).
>
> Above is provided you provide TFN.
>
> Also see
> Lump sum payments in arrears
> http://tinyurl.com/s0io or
>
http://www.ato.gov.au/individuals/content.asp?doc=/content/19854.htm&pc=001/002/\
037/008&mnu=992&mfp=001/002&st=&cy=1
________________________________________________________________________
________________________________________________________________________
Thread: 19
Subject: Progress of the payout
Date: Thu, 27 Nov 2003 20:46:38 +1100
From: "Steve Gerlach" <gerlach@a...>
Subject: OT latest...
From the lovely Sallie...
Hi Steve,
We sent out some letters to employees yesterday formally admitting or
in
some cases partially rejecting claims. Under the Corporations Act
employees who have had claims rejected have 14 days to respond to /
disagree with our determination. As you know the dividend has been
declared for 8 December 2003 and we aim to pay the dividend as soon
after this date as possible. I am sorry I can't be more accurate with a
specific date or payment amount as yet, as it will depend on how
quickly
claims can be finalised i.e. if employees disagree with our
determination on their claims or not.
Please do not hesitate to contact me with any further queries.
Regards,
Sallie Muir
Deloitte Touche Tohmatsu
(02) 9322 5621
==========
Date: Mon, 8 Dec 2003 15:30:05 +1100
From: "Tom Northey" <tn@...>
Subject: Re: The latest from the *very* lovely Sallie....
According to Peter Yates, employee entitlements admitted (as at 5 Dec)
are
$3,554,041
If that total doesn't change, it means the payout ratio will be
1,580,000 /
3,554,041 = 44.45%
i.e. in the first div, you should get half of 44.45% of the amount they
allowed in your claim.
==========
Date: Mon, 15 Dec 2003 19:45:42 +1100
From: "Tom Northey" <tn@d...>
Subject: Status of employee payments
From Morgan Kelly at Deloitte:
>Can you let me know the status of employee payments?
The first distribution of $790,000 received from the company in August
2003
is being distributed to employees now: we are drawing cheques today and
tomorrow and expect that you should have the cheques by the end of the
week.
This amount is the first half of your entitlement of approximately 43c
per
dollar, so this amount will represent about 22c per dollar. This
payment is
being made independently of the creditors trust fund, it is coming to
you
out of the deed fund.
>Is it correct that the first employee payment that Deloitte (that
>already held) has been paid into the Employee Trust, and we will
>therefore receive our whole payout at once?
No. The Employee Trust has not yet been effected (although the trust
deed is
executed) as there are some conditions precedent to the trust coming
into
effect that must be met. Since this is the case we are proceeding with
the
original arrangements, which are to pay the first half of employee
entitlements from the deed fund.
>Has OT paid the remainder of the money owed under the Deed to
Deloitte?
Yes, we have received all the monies owed under the Deed. We are going
to
distribute the first $790,000 to employees now, and will pay the
balance
into the employees trust fund and the unsecured creditors trust fund,
and
anticipate making the next distribution to employees from the creditors
trust fund in early - mid January 2004.
>Has the Trust Deed been executed?
Yes, the trust deed has been executed, but it is not yet effective. The
reason it is not yet effective is that there are some conditions
precedent
to the trust deed the company must meet (paying the money to us,
receiving
confirmation from the ASX that the re-listing requirements have been
met)
and these are not yet all complete. The most important condition, us
receiving the money, has been completed though.
>Has the money been transferred from Deloitte to the trust?
No, not until the other conditions precedent have been met.
>When can we expect the cheques to be sent?
The first dividend cheques will be sent over the course of today and
tomorrow. The second round we anticipate sending in early to mid
January
2004.
________________________________________________________________________
________________________________________________________________________
Thread: 20
Subject: Meeting of creditors to vary the Deed.
Date: Mon, 1 Dec 2003 16:27:02 +1100
From: "Tom Northey" <tn@d...>
Subject: OTT proposal to vary the deed
Deloitte have called a meeting of creditors on 10 Dec 03 under 445F of
Corp
Act to vary the deed to allow them to terminate the deed after OT has
paid
the money for the creditors to Deloitte but before the creditors have
been
paid.
OT wants to vary the DoCA to establish a Creditors' Trust (one for
employees
and one for unsecured creditors) that will hold creditors money such
that
when OTT pays the amounts currently owed under the DoCA to Deloitte and
hence into the Trusts, the DoCA will be considered to be terminated
except
for a bit of legal paperwork. Deloitte will manage the Trusts to pay
creditors from the trust assets.
OT has stated that without additional funds, OT will likely go into
liquidation and DoCA obligations
would be
unlikely to be met. OT has stated
that
they cannot raise capital without a guaranteed period of termination
for the
DoCA.
OTT has advised that they can only get the money from the current
capital
raising if they can guarantee the underwriter and new investors that
the
company is re-listed by early Feb 03.
According to OT statements, the ASX will only allow relisting once the
DoCA
has terminated and (according to OT) Deloitte have advised OT that even
if
OT have paid all the money owing under the DoCA to Deloitte, Deloitte
cannot
guarantee that payments have been made by then (which is required to
terminate the deed).
It appears that OT will fund the Creditors' Trust to the tune of $100k
and
anything over that comes out of the creditors money.
The proposal removes all legal rights of creditors with respect to
DoCAs
available under corp law although allegedly the trust deed will be
drawn up
to allow creditors to dispute their entitlements.
Deloitte are recommending the proposal to creditors, despite noting
that
GEERS claimants would be better off if OT was liquidated.
==========
There was a bit of consternation about the treatment of fees in excess
of $100k - the original proposal had it coming out of the Creditors'
Trust Fund. Refer to the next email for a resolution.
==========
Date: Thu, 4 Dec 2003 14:42:14 +1100
From: "Tom Northey" <tn@d...>
Subject: discussion with deed administrator - small piece of good news
I have just spoken to the Peter Yates the deed administrator.
The small piece of good news is that he told me he has made legally
binding
changes to the proposed variation and had it approved by a court order
such
that all fees of the proposed Trusts are payable by OT. OT will still
pay
the $100k up front but beyond that OT is still responsible for the fees
unless it goes broke and has insufficient assets (Deloitte will get
their
fees from the Trusts' assets in that case). He told me this is the
same as
the current situation i.e. we will be no worse off regarding fees.
Deloitte will post these documents on their web site and send me a link
when
it is available, hopefully tonight.
==========
Date: Mon, 8 Dec 2003 23:59:01 +1100
From: "Tom Northey" <tn@d...>
Subject: Updated versions of Deed proposal & related documents
The updated variation of the Deed proposal, the Draft Trust Deed, Draft
Deed
of Company Arrangement and the court order is on Deloitte's website.
http://www.deloitte.com/dtt/article/0,2297,sid%253D9464%2526cid%253D31640,00.htm\
l
==========
Date: Mon, 1 Dec 2003 20:58:44 +1100
From: "Tom Northey" <tn@d...>
I was looking the other day for where it says big creditors get more
votes
and couldn't find it (in corp law) so if someone can point it out, I'd
appreciate it.
==========
Date: Mon, 01 Dec 2003 14:06:41 -0000
From: "landau351" <landau351@v...>
Subject: Voting at the next meeting
> Now, if the vote goes through (which, face it, it probably will,
this is a
> good thing for the big creditors, and they are owed a lot more than
us so
> they have more clout)
As I understand it, simply being a bigger creditor doesn't mean you
have
more clout. You ALSO need the majority of votes as well.
If you get more people to vote No than Yes, but the most $$ are with
the Yes
vote then it gets messy, but it is not a forgone that we all lose.
However if you all vote in a successful block, and it is disputed
(duh!)
then the $ amount must be calculated as well.
==========
Note from Nick Bishop:
Voting is initially by number. Any two creditors may request that the
voting be tallied by value and number, in which case the meeting
convenor must comply.
If you get the messy situation that more people vote against, but the
most value vote for (or vice versa) then the Administrator gets the
casting vote.
________________________________________________________________________
________________________________________________________________________
Thread: 21
Subject: Parliamentary Joint Committee.
Date: Thu, 4 Dec 2003 13:42:50 +1100
From: "Paul S Davis" <p.s.davis@i...>
Subject: COMMONWEALTH OF AUSTRALIA Proof Committee Hansard SENATE
EMPLOYMENT...
www.aph.gov.au/hansard/senate/commttee/S7061.pdf
.........................................................
Senator WONG-I have some brief questions about deeds of company
arrangements. I think we discussed
this on the last occasion. On how many occasions are you aware that
what
one would call a discriminatory deed-that is, a deed where the priority
of
creditors under the Corporations Law is altered-has had the effect of
disentitling persons to GEERS payments?
Mr Maynard-To my knowledge there was one case.
Senator WONG-What was the name of the company?
Mr Maynard-The case in question was the subject of a press release by
the
minister, and the company's name was Open Telecommunications.
.........................................................
Senator WONG-Are you able to provide this committee with the number of
employees that have been
denied GEERS payments as a result of discriminatory deeds?
Mr Maynard-I would have to take that on notice, but it would be the
employees within Open
Telecommunications.
Senator WONG-I have already given you the name of other companies. Can
I
clarify: I do not only want people where you have made a decision as to
final eligibility; I would like to know all employees where the issue
of a
deed of company arrangement is currently preventing them from accessing
GEERS. I am happy for you to take that on notice.
.........................................................
Senator WONG-Mr Maynard, the committee in question-the Parliamentary
Joint
Committee on
Corporations and Financial Services-in the insolvency inquiry was
actually
provided with correspondence from you discussing the non-entitlement
under
GEERS, so I find it hard to understand how you indicate you are not
aware
of anyone other than Open Telecommunications.
Dr Boxall-He said he was aware of one other, but your question was to
provide the numbers of employees that were rendered ineligible because
a
deed of company arrangement changed the list of priority. There is only
one
company that Mr Maynard has finalised, and that is Open
Telecommunications.
We can give you the number of employees in Open Telecommunications, but
we
are not able to add other companies to it because we have yet to
process
the whole result.
________________________________________________________________________
________________________________________________________________________
Thread: 22
Subject: Swish Group
In a discussion between Tom Northey and Peter Yates, Peter mentioned
another company called Swish Group which has a very
similar
DoCA to OT. DEWR is still undecided on the Swish case.
________________________________________________________________________
________________________________________________________________________
Thread: 23
Subject: Emphasis being stripped from HTML mail
Date: Tue, 02 Dec 2003 01:21:44 -0000
From: nick4mony
Subject: Emphasis being stripped from HTML mail
--- In openvictims@..., "GERLACH, Steven"
<steven.gerlach@s...> wrote:
> Oops...sorry, looks like the openvictims list strips out the emphasis
in
> HTML email... apologies to those who are missing it.
This list is set up to strip attachments, and to be a text-only list.
This is OK for most people, but this means the emphasis will get
dropped.
A few hotmail users have had trouble posting to this list (but others
are successful). There must be a setting in there somewhere. If it
says HTML, turn it off.
========= End of summary ==========
Hi,
For those who have difficulties with the email list(s) during the
Christmas period (and new members for openVictims, etc), just email me.
I will be available during all working days (29,30,31 Dec &
2,5,6,7,8,9 Jan).
bigfoot.com @ nick4mony
or
yahoogroups.com.au @ otmushrooms-owner
Merry Xmas and a happy New Year (or for Wayne and the Administrators:
a happy 5 months and 6 days which is 43% of a new year).
Nick Bishop
-----
Missing from Windows:
Start > Programs > Accessories > Remove Bugs
-oOo-
This is applicable to all employees in Australia, whether employed at
OT or anywhere else.
The date of 27 Nov 2003 was the latest possible date by which your
employer must give you an explicit statement of what has been paid to
your super fund, your membership number, and the contact details for
that fund (most OT statements would mention MLC as the fund). This
covers the period from 1 July to 30 Sept 2003, which should have been
paid by 28 Oct 2003.
However, I understand that OT have not made the payment as required.
The advice commonly found in payslips is usually not sufficient for
the purpose, as the money has not left the employer's hands when the
payslips are generated.
This is the first time such a statement has been required by law.
If you have not got a statement, make some enquiries.
Nick Bishop, bigfoot.com @ nick4mony
-----
Ultimately, cash flow is the lifeblood of any organisation. We know
from experience that 90 per cent of businesses that fail, do so
because they run out of cash.
-- Christine Christian, CEO, D&B Australia & New Zealand.
-oOo-
Hi People,
Got back from the Gold Coast last week. Thanks to Tom for sending me
the meeting results to my phone. Anyway, the full result for motion 1 was
114 - Yes
51 - No
Motion carried.
(from Paul Davis's email).
Motion 2 (the renumeration) was also carried.
The dividend was also declared at 22.22741 cents in the dollar. Most
employees should have received their cheques by now, and in a break
away from tradition, the various components that make up your cheque
have been clearly laid out.
Even the super situation has been explained quite clearly. Thanks to
Paul Davis for prodding both the ATO and Deloittes over the issue of
super.
Nick Bishop, bigfoot.com @ nick4mony
-----
Position vacant - Suicide bomber.
Previous experience essential.
-oOo-
If you have issues with the operation of the forums please contact me on
p.s.davis@....
regards
Paul Davis
[Non-text portions of this message have been removed]
> So... anyone know who to send our proxies to? It used to be Alex,
didn't
> it.
> Is he still around at OT? Is he a good person to send a No vote to?
Anyone who is going to the meeting should be able to take our proxies.
Not Alex, thank you.
SG
---
Outgoing mail is certified Virus Free.
Checked by AVG anti-virus system (http://www.grisoft.com).
Version: 6.0.545 / Virus Database: 339 - Release Date: 27/11/2003
So... anyone know who to send our proxies to? It used to be Alex, didn't it.
Is he still around at OT? Is he a good person to send a No vote to?
Do we have any representative who is not intimately involved in the future
fortunes of the company?
I would say that it will. What do you reckon the sooner we get paid the
better mood we will be in to vote on the day?
----- Original Message -----
From: "Steve Gerlach" <gerlach@...>
To: <otmushrooms@...>
Sent: Monday, December 01, 2003 8:51 PM
Subject: RE: [otmushrooms] Nick Bishop on leave - soon
> Probably...
>
> Can you also ask the lovely Sallie if this new stunt by DDT affects the
> timing of our *first* payment which was meant to be paid "as soon as
> possible after December 8"?
>
> SG
>
> > -----Original Message-----
> > From: Elizabeth Fullerton [mailto:laslig@...]
> > Sent: Monday, 1 December 2003 8:47 PM
> > To: otmushrooms@...
> > Subject: Re: [otmushrooms] Nick Bishop on leave - soon
> >
> > do you suppose they timed it to coincide with nick's holidays??
> >
> >
> >
> > ----- Original Message -----
> > From: "nick4mony" <no_reply@...>
> > To: <otmushrooms@...>
> > Sent: Thursday, November 27, 2003 1:29 PM
> > Subject: [otmushrooms] Nick Bishop on leave - soon
> >
> >
> > > People,
> > >
> > > I will not be available for two weeks after 5 December until 22
> > > December 2003 (exclusive), because I will be on holiday.
> > >
> > > If you have problems with your email between these dates, or someone
> > > wants to join, Paul Davis can help.
> > >
> > > He will post a contact email address to the group closer to the
> time,
> > > but if that fails, you can still call me on my mobile: 0438 366 342.
> > >
> > > Nick Bishop
> > > -----
> > > Stress relief
> > > http://localhost.ee/pop.swf
> > > -oOo-
> > >
> > >
> > > Reminder: this message is not private. Anyone (including
> non-members of
> > this group) can read this message in the archives.
> > >
> > > Useful links:
> > > OT Mushrooms home page (previous messages)
> > > http://au.groups.yahoo.com/group/otmushrooms/
> > > Public file archives (Files for download)
> > > http://au.geocities.com/nick4mony/otm/index.htm
> > >
> > > To unsubscribe from this group, send an email to:
> > > otmushrooms-unsubscribe@...
> > >
> > >
> > > Your use of Yahoo! Groups is subject to
> > http://au.docs.yahoo.com/info/terms/
> > >
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> >
> >
> > Reminder: this message is not private. Anyone (including non-members
> of
> > this group) can read this message in the archives.
> >
> > Useful links:
> > OT Mushrooms home page (previous messages)
> > http://au.groups.yahoo.com/group/otmushrooms/
> > Public file archives (Files for download)
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> >
> > To unsubscribe from this group, send an email to:
> > otmushrooms-unsubscribe@...
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Probably...
Can you also ask the lovely Sallie if this new stunt by DDT affects the
timing of our *first* payment which was meant to be paid "as soon as
possible after December 8"?
SG
> -----Original Message-----
> From: Elizabeth Fullerton [mailto:laslig@...]
> Sent: Monday, 1 December 2003 8:47 PM
> To: otmushrooms@...
> Subject: Re: [otmushrooms] Nick Bishop on leave - soon
>
> do you suppose they timed it to coincide with nick's holidays??
>
>
>
> ----- Original Message -----
> From: "nick4mony" <no_reply@...>
> To: <otmushrooms@...>
> Sent: Thursday, November 27, 2003 1:29 PM
> Subject: [otmushrooms] Nick Bishop on leave - soon
>
>
> > People,
> >
> > I will not be available for two weeks after 5 December until 22
> > December 2003 (exclusive), because I will be on holiday.
> >
> > If you have problems with your email between these dates, or someone
> > wants to join, Paul Davis can help.
> >
> > He will post a contact email address to the group closer to the
time,
> > but if that fails, you can still call me on my mobile: 0438 366 342.
> >
> > Nick Bishop
> > -----
> > Stress relief
> > http://localhost.ee/pop.swf
> > -oOo-
> >
> >
> > Reminder: this message is not private. Anyone (including
non-members of
> this group) can read this message in the archives.
> >
> > Useful links:
> > OT Mushrooms home page (previous messages)
> > http://au.groups.yahoo.com/group/otmushrooms/
> > Public file archives (Files for download)
> > http://au.geocities.com/nick4mony/otm/index.htm
> >
> > To unsubscribe from this group, send an email to:
> > otmushrooms-unsubscribe@...
> >
> >
> > Your use of Yahoo! Groups is subject to
> http://au.docs.yahoo.com/info/terms/
> >
> >
>
>
> Reminder: this message is not private. Anyone (including non-members
of
> this group) can read this message in the archives.
>
> Useful links:
> OT Mushrooms home page (previous messages)
> http://au.groups.yahoo.com/group/otmushrooms/
> Public file archives (Files for download)
> http://au.geocities.com/nick4mony/otm/index.htm
>
> To unsubscribe from this group, send an email to:
> otmushrooms-unsubscribe@...
>
>
> Your use of Yahoo! Groups is subject to
> http://au.docs.yahoo.com/info/terms/
>
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> Incoming mail is certified Virus Free.
> Checked by AVG anti-virus system (http://www.grisoft.com).
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Outgoing mail is certified Virus Free.
Checked by AVG anti-virus system (http://www.grisoft.com).
Version: 6.0.545 / Virus Database: 339 - Release Date: 27/11/2003
do you suppose they timed it to coincide with nick's holidays??
----- Original Message -----
From: "nick4mony" <no_reply@...>
To: <otmushrooms@...>
Sent: Thursday, November 27, 2003 1:29 PM
Subject: [otmushrooms] Nick Bishop on leave - soon
> People,
>
> I will not be available for two weeks after 5 December until 22
> December 2003 (exclusive), because I will be on holiday.
>
> If you have problems with your email between these dates, or someone
> wants to join, Paul Davis can help.
>
> He will post a contact email address to the group closer to the time,
> but if that fails, you can still call me on my mobile: 0438 366 342.
>
> Nick Bishop
> -----
> Stress relief
> http://localhost.ee/pop.swf
> -oOo-
>
>
> Reminder: this message is not private. Anyone (including non-members of
this group) can read this message in the archives.
>
> Useful links:
> OT Mushrooms home page (previous messages)
> http://au.groups.yahoo.com/group/otmushrooms/
> Public file archives (Files for download)
> http://au.geocities.com/nick4mony/otm/index.htm
>
> To unsubscribe from this group, send an email to:
> otmushrooms-unsubscribe@...
>
>
> Your use of Yahoo! Groups is subject to
http://au.docs.yahoo.com/info/terms/
>
>
There was no activity between 1 and 4 Nov 2003.
There are 2 threads of conversation in this summary
Threads continued from previous summaries, out of a possible 18
6. Jokes
13. OTT ASX announcement: Equity Capital Raising
There are no new threads.
Thread: 6
Subject: Jokes
One email footer from Nick
-----
Horse Sense, n:
The thing that keeps a horse from betting on people.
-oOo-
Other funnies ...
-----
Date: Wed, 05 Nov 2003 10:53:11 -0000
From: nick4mony
Subject: Reply paid envelope
--- In openvictims@..., "Steve Gerlach"
<gerlach@a...>
wrote:
> Add stress, phone calls, faxes, emails, time wasted...
>
> Damn it, our latest "entitlement letter" (and I use that term
loosely)
> doesn't even come with a reply envelope!
Perhaps they didn't want to be caught sending out any empty
envelopes?
Mr Cynical, bigfoot.com @ nick4mony
-----
--- In openvictims@..., nick4mony <no_reply@y...>
stupidly wrote:
> 3.4 m - 1.5 m = 2.9 m
Oh gawd. Serves me right for being up too late.
-----
[From Geoff Hudson]
3.4 - 1.5 = 1.9 NOT 2.9
I'm glad you don't test my software....
;-)
-oOo-
________________________________________________________________________
________________________________________________________________________
Thread: 13
Subject: OTT ASX announcement: Equity Capital Raising
Date: Fri, 21 Nov 2003 03:20:33 -0000
From: nick4mony
Subject: Result of Shareholders' meeting
Quick note [corrected]:
The motion at this morning's meeting has been passed. The proxy
voting pattern was 365m for and 3m against.
It was also announced at the meeting that Ord Minnett had
already
obtained funding for the billion shares.
==========
Date: Fri, 21 Nov 2003 14:22:37 +1100
From: "Tom Northey" <tn@d...>
Subject: Proposed use of capital raising funds
[Original Subject: Re: Re: OTT Announcement: Equity Capital
Raising 9 Oct 03]
See page 4 of the ASX announcment of the AGM on 21 Oct 03.
"the proceeds of [the] issue will
be applied to the following purposes in the order the Directors
believe
is
best for the company at the time and depending on the amount of
funds
raised:
- payment of deferred liabilities $2.9 m
- on-going working capital $1.0 m
- costs of funds raising $0.9 m
- payment of liabilities owing by the company under the DoCA
$1.8 m
- retirement of secured interest bearing loans - $3.4 m of which
$1.5m is a
loan (including accrued interest) provided by Intelligent
Networks Pty Ltd
which is a related party to Wayne Passlow, the Chairman and
Director of
the Company"
========= End of summary ==========
People,
I will not be available for two weeks after 5 December until 22
December 2003 (exclusive), because I will be on holiday.
If you have problems with your email between these dates, or someone
wants to join, Paul Davis can help.
He will post a contact email address to the group closer to the time,
but if that fails, you can still call me on my mobile: 0438 366 342.
Nick Bishop
-----
Stress relief
http://localhost.ee/pop.swf
-oOo-
I am looking for recommendations for an industrial relations lawyer or
similar. I am wanting to seek advice on a proposed employment contract.
This has nothing to do with the OT insolvency, but I am aware that
several people on here have been to see lawyers. If you found them
good, please advise.
Nick Bishop, bigfoot.com @ nick4mony
-----
Save the whales, BUT DON'T save New South Wales.
-oOo-
> Mudgee abattoir workers will be paid **today** (14 Nov 03) by GEERS,
before
> the administration of the abattoir has concluded (so DEWR doesn't know if
> the outcome will satisfy GEERS operational arrangements).
According to http://tinyurl.com/vyvj, the adminstrator was appointed as
liquidator on Wednesday 12 Nov 03 by the state govt. Hence DEWR *did* know
that the outcome would satisfy GEERS operational arrangements.
It appears the abattoir will be sold as a going concern by the liquidator.
--- In otmushrooms@..., "Paul S Davis" <p.s.davis@i...>
relayed:
> The ATO will lodge one proof of debt (on the employees' behalf)
which will
> include the superannuation shortfall, interest and an administration fee
> component which makes up the Superannuation Guarantee Charge. This
will be
> paid, in the form of a dividend, from the pool of funds available for
> distribution to employees under the Deed of Company Arrangement. The
> nominal interest component is calculated on each person's shortfall
and is
> passed onto the individual employee. The Administration fee is kept
by the
> tax office.
I passed all the guff to Robert Hodge of ASFA for his comment with the
basic question "are they talking rubbish?" (plus a few specific
questions + background).
He replied saying that what was said was all OK.
The administration fee is $50 + $30 per employee, and it is important
to note that the ATO currently keeps 100% of that fee, so you actually
get a little less than 43% (or whatever recovery we wind up with) to
your super account. The tax office is proposing they forego the fee,
but that won't help us.
*********
The only thing that hasn't been answered (need to explicity ask this
question ...)
=> Has Deloitte sent the information about Super entitlements to the
Tax Office?
The only ones who can answer that are Deloitte.
This is required so that the ATO can actually calculate what to claim.
Nick Bishop.
-----
Public transport march this Sunday 2pm at Fitzroy Town Hall (Melbourne).
-oOo-
Question: is anybody in Sydney actually turning up (would prefer in a
suit, rather than military camouflage)
If so, please contact me privately with enough information for me to
fill out the proxy form properly
bigfoot.com @ nick4mony
Nick.
-----
[after pressing the Microsoft Chart button in MS Word]
This command is not available because Microsoft Chart is not available.
-oOo-
> Date: Thu, 30 Oct 2003 11:29:05 +1100
> From: Michael Williams <mikews@o...>
> Subject: Re: OT shareholder meeting
>
> Guys,
>
> I have been advised there will be an OT shareholder meeting on 21/11/03
> at 11am at the Harbourview hotel in Sydney. This is in relation to
> raising 1billion shares at 1c each ($10m) I note in the paperwork that
> if this is successful then $2.9m will be used to pay off deferred
> liabilities, and a further $1.8m to pay off libilities owing under the
> DOCA.
There are 7 threads of conversation in this summary
Threads continued from previous summaries, out of a possible 13
6. Jokes
13. OTT ASX announcement: Equity Capital Raising
There are five new threads.
14. Circular to Employees/Ex Employees
15. Sallie, not Sally
16. Tax Rates
17. Years Service calculation
18. Superannuation issues
Thread: 6
Subject: Jokes
Email footers (from Nick & Ben).
-----
The Melbourne Cup: the race that stops two nations. However, some
media commentators forget that New Zealand exists.
-----
Problem: My alarm clock is not alert
-----
Kill Bill - sounds like a good movie for a Windows Hater.
-----
What's the difference between Elvis and Christopher Skase?
Elvis's death was not an accounting trick
-----
What's the similarity between Elvis and Skase?
They've both been seen alive last month in Bondi.
-----
Proposed addition to the PDP-11 instruction set
POPI Punch Operator Immediately
-----
Doh A Beer.
(Parody of "Doh A Deer" from "The Sound Of Music")
A song by Homer Simpson
DOH... the stuff...that buys me beer...
RAY... the guy that sells me beer...
ME...the guy...who drinks the beer,
FAR...a long way to get a beer...
SO...I'll have another beer...
LA...ger is a form of beer...
TEA...no thanks, I'm drinking beer...
That will bring us back to...
DOH!!! DOH!!! DOH!!! DOH!!! DOOOOH!!! SO DOH!!!
-oOo-
Other funnies ...
-----
Don't hold your breath or
you'll turn blue, die, be buried, rot, be reincarnated as an insolvency
accountant, then live to the age of 57 before being murdered by a
dissatisfied employee still waiting for a brass razoo.
-- Tom Northey
[True: You cannot kill yourself by holding your breath - from MX ]
-----
Don't
let 'em get away with a penny! (or, at least, a penny more than they
already are)
-- Elizabeth Fullerton
-----
[Taxi fares come] from the other fund which (at
this rate) will be fully dealt with when the Earth is demolished for
an intergalactic bypass in 2 million years time.
-- Nick Bishop
-----
It was definitely written down as otherwise DTT wouldn't agree to
it. :-)
-- Glenn Shirley
________________________________________________________________________
________________________________________________________________________
Thread: 13
Subject: OTT ASX announcement: Equity Capital Raising
Date: Thu, 30 Oct 2003 11:29:05 +1100
From: Michael Williams <mikews@o...>
Subject: Re: OT shareholder meeting
Guys,
I have been advised there will be an OT shareholder meeting on 21/11/03
at 11am at the Harbourview hotel in Sydney. This is in relation to
raising 1billion shares at 1c each ($10m) I note in the paperwork that
if this is successful then $2.9m will be used to pay off deferred
liabilities, and a further $1.8m to pay off libilities owing under the
DOCA.
==========
Date: Thu, 23 Oct 2003 13:29:32 +1000
From: Tom Northey <tn@d...>
Subject: Re: Circular To Employees/Ex Employees
"Mike Williams" wrote
> I would be very
> interested to know if they are paying Paterson Ord Minnett for their
services?
Paterson Ord Minnett are getting $900K
If you have not seen the latest ASX announcement from OTT, they are
asking
shareholders for approval to issue up to 1 billion shares at 1c each
and 333
million options with exercise price of 1.5c (options presumably issued
for
no cost). Shares to be placed with small number investors rather than
offered via prospectus. No underwriting.
________________________________________________________________________
________________________________________________________________________
Thread: 14
Subject: Circular to Employees/Ex Employees
Date: Tue, 21 Oct 2003 21:18:18 +1000
From: "Paul S Davis" <psdavis@a...>
Subject: Circular To Employees/Ex Employees
I received my "Circular To Employees/Ex Employees" requesting that I
fill out a Form 535 by the 18 Nov so that I will be eligible to
participate in the 8th Dec dividend or else I will be excluded from
the benefit
of the dividend.
Have others received their letters?
==========
Date: Wed, 22 Oct 2003 07:49:55 +1000
From: Mark Shannon <mshannon@v...>
Subject: RE: Circular To Employees/Ex Employees
I have also received the letter from DTT last night. All appears to be
correct, although they have calculated 2 weeks for "Notice" whereas I
was
under the impression that the notice period was supposed to be for a
month.
Everything else is correct. Does anyone else have that same impression
on
notice?
Thanks.
==========
Date: Wed, 22 Oct 2003 08:18:56 +1000
From: Elizabeth Fullerton <laslig@o...>
Subject: Re: RE: Circular To Employees/Ex Employees
... I also noticed the 2 weeks in lieu of notice. My contract says 4, and
also they
mention a month's notice in the front page, so I'm just going to change
it. Don't
let 'em get away with a penny! (or, at least, a penny more than they
already are)
==========
Date: Wed, 22 Oct 2003 12:30:46 +1000
From: "Steve Gerlach" <gerlach@a...>
Subject: RE: Re: Re: Circular To Employees/Ex Employees
My birth date is correct.
I have 1 month's Notice, not 2 weeks.
I'm damned if I know WHY we have to fill in FORM 535 AGAIN when we did
it a year ago!
I take it that we have to HALVE the figures quoted, as that will be our
final payout, and halve them AGAIN because this is payment one of two,
correct?
==========
Date: Wed, 22 Oct 2003 13:05:51 +1000
From: "Tom Northey" <tn@d...>
Subject: Re: Re: Re: Circular To Employees/Ex Employees
The amount you'll get in the first payment is...
your_total * $790K / sum_of_all_totals
Note that sum of all totals is approx $3.67M based on the oft-quoted
43% and
$1.58M.
Does anyone know anything about the "Bonus on notice", "bonus on
redundancy"
and "OSS delivery bonus". These are all zero on my form (of course
zero
redundancy -> zero bonus on redundancy" but what about the others?).
==========
Date: Wed, 22 Oct 2003 13:36:18 +1000
From: Mark Shannon <mshannon@v...>
Subject: RE: Re: Re: Circular To Employees/Ex Employees
Tom,
Same as mine:
$0 for Bonus on Redundancy
$0 for Bonus on notice
$0 for Bonus on OSS Delivery
I have never these "Categories" before. Don't know what they are about.
==========
Date: Wed, 22 Oct 2003 03:37:34 -0000
From: nick4mony
Subject: Re: Circular To Employees/Ex Employees
The full amount goes on the form. You go through the half-by-half
exercise only in your mind, and only if you need to give a boost to
your sense of cynicism.
I haven't got my circular yet, but when I do, I'll take a good day or
two to study everything, read the instructions (if any), read their
prevous circulars, and double-check everything.
For those that also had ordinary unsecured debts (eg taxi fares),
don't worry about it because that comes from the other fund which (at
this rate) will be fully dealt with when the Earth is demolished for
an intergalactic bypass in 2 million years time.
==========
Date: Wed, 22 Oct 2003 11:14:09 -0000
From: nick4mony
Subject: Car payments and other salary sacrifice
A few comments are floating around that people with car payments have
found they are missing from their calculations of entitlements.
This is because these are Ordinary Unsecured Debt (ie from the other
Unsecured Creditors Fund). You will get approximately 20% of this.
I have seen something in one of the submissions mentioning the issue,
that these payments attract the lower priority of Ordinary Unsecured
Debt (ie with trade creditors).
This is an anomoly in the Corporations Act, and I am delving more into
it. Of course it is stupid that a private decision as to how someone
spends their money can influence its priority. The system shouldn't
care whether you spend your money on slow horses and fast women, or
anything else.
==========
Date: Fri, 24 Oct 2003 16:45:16 +1000
From: Ben Castan <bcastan@b...>
Subject: RE: Re: Circular To Employees/Ex Employees
The OSS Delivery bonus was for the people who worked on the Comindico
Roll out. It really was for the delivery of the first cut of call agent
code, but they were generous and gave it to all people involved in the
Comindico Rollout.
No idea about the others.
==========
Date: Fri, 24 Oct 2003 07:01:13 -0000
From: "grshirley" <GSHIRLEY@I...>
Subject: Re: Circular To Employees/Ex Employees
The Bonus on notice and Bonus on Redundancy were, from what I can
remember, the 15% extra redundancy we were promised for being stupid
enough to hang around after the previous redundancy round.
==========
Date: Mon, 27 Oct 2003 23:20:38 +1100
From: "Tom Northey" <tn@d...>
Subject: Re: Re: Circular To Employees/Ex Employees
It doesn't apply to Melbourne apparently. They probably offered it in
Sydney, because the work in Sydney was (in part?) based on specific
projects
with specific end-dates.
________________________________________________________________________
________________________________________________________________________
Thread: 15
Subject: Sallie, not Sally
Date: Wed, 22 Oct 2003 10:58:41 -0000
From: nick4mony
Subject: Sallie, not Sally
--- In openvictims@..., Discovery95 <discovery95@b...>
wrote:
> SUBJECT: Re: Just spoke to Sally. Who hasn't yet...
> She is a legend, (compared to other DTT yobbo's.)
To avoid getting her off-side, note that it is SALLIE, not Sally.
From a guy who worked with "Barrie", and also with "Manda"
Nick.
________________________________________________________________________
________________________________________________________________________
Thread: 16
Subject: Tax Rates
Date: Thu, 23 Oct 2003 07:37:11 -0000
From: "start_monday" <start_monday@y...>
Subject: tax rates
I spoke with Sally Muir who confirmed that dividends from the fund
will be taxed :
unpaid wages - 21.5 %
unpaid leave - 31.5 %
Someone may like to query redundancies etc.
==========
Date: Thu, 23 Oct 2003 18:32:02 +1000
From: Tom Northey <tn@d...>
Subject: Re: tax rates
http://www.ato.gov.au/content/downloads/n3351.pdf "Unused Leave
Payments on
Termination of Employment"
says payment for unused leave and long service leave (in case of
redundancies) is taxed at 31.5%.
http://www.ato.gov.au/content/downloads/n3349.pdf "Eligible
Termination
Payments" says
ETP is taxed at 21.5%. The ETP is that part of the payment for notice
and
redundancy that exceeds the tax free limit. You can roll the ETP into
a
super fund and avoid the tax, but I doubt many people will exceed the
tax
free limit for notice and redundancy.
http://www.ato.gov.au/super/content.asp?doc=/content/19824.htm says
The tax-free limit for the 2002/2003 year is a flat dollar amount of
$5,623
plus $2,812 for each completed year of service. [We may get into the
2003/2004 tax year so presumably that is higher but I couldn't find
it.]
Completed years of service include periods of annual leave and long
service
leave taken. If the payment is more than the tax-free limit, the amount
over
the limit is an eligible termination payment (ETP).
Above is provided you provide TFN.
Also see
Lump sum payments in arrears
http://tinyurl.com/s0io or
http://www.ato.gov.au/individuals/content.asp?doc=/content/19854.htm&pc=001/002/\
037/008&mnu=992&mfp=001/002&st=&cy=1
________________________________________________________________________
________________________________________________________________________
Thread: 17
Subject: Years Service calculation
Date: Wed, 29 Oct 2003 23:43:25 +1100
From: "Tan Diep" <tandiep@o...>
Subject: "Years Service" calculation
For those who joined OT between 27-July to 26-August who got retrenched
on 26-July-2002, you might want to re-calculate your "Years Service"
because you might be entitled to more weeks for your redundancy.
Example:
I joined OT on 8 August 2000.
OT retrenced me on 26 July 2002.
Deloitte caluclated my "Years Service" based on the above date to be
1.96.
BUT, with OT giving a month notice, this would push my termination date
to 26 August 2002.
Re-calculation of my "Years Service" based on my new end date should be
2.05.
With this new calculation, I have 2 more weeks for my redundancy.
Spoken to Morgan Kelly and he agreed verbally over the phone after
putting me on hold to seek advice from the lawyer.
He then asked me to put on the Form 535 and send it back and they will
review it.
________________________________________________________________________
________________________________________________________________________
Thread: 18
Subject: Superannuation issues
Date: Wed, 22 Oct 2003 06:29:17 +1000
From: "Paul S Davis" <psdavis@a...>
Subject: Re: Circular To Employees/Ex Employees
It is not clear to my why we would not include superannuation on our
proof
of debt form. The initial advice from the ATO over the phone was that
DTT in
entirely reasonability for paying super and the ATO didn't want to be
involved. I am seek a written statement from the ATO (slow process)
and
will now send the last information from DTT to them.
==========
Date: Wed, 22 Oct 2003 06:46:26 +1000
From: "Richard Watson" <rwatson@s...>
Subject: RE: Circular To Employees/Ex Employees
... I gather from Deloitte's circular of 17 October
that the Superannuation Guarantee Legislation stipulates that
superannuation must be paid to the ATO before being paid into a roll
over fund.
==========
Date: Wed, 22 Oct 2003 04:38:38 -0000
From: nick4mony
Subject: Re: Circular To Employees - Superannuation issues
--- In openvictims@..., "Paul S Davis" <psdavis@a...>
wrote:
> It is not clear to my why we would not include superannuation on our
proof
> of debt form. The initial advice from the ATO over the phone was
that DTT in
> entirely reasonability for paying super and the ATO didn't want to be
> involved. I am seek a written statement from the ATO (slow process)
and
> will now send the last information from DTT to them.
I have had a detailed discussion with Robert Hodge from the Australian
Super Funds Association.
Salient points:
- You do not list super on your form, because the ATO owns the debt.
- The ATO is able to make the claim on behalf of all of us (that is
to say for:
=> those whose only outstanding item was super AND ALSO
=> those who have other outstanding debts as well).
- The ATO is prevented by privacy law from actually saying what
action they are taking.
- We could try asking the Administrator whether they have received a
claim from the ATO.
The conclusion is that we are in a difficult situation, when it comes
to super.
More detail from ASFA:
- Under the old rules, super was to be paid once a year. The due
date for payment is 28 July 2002 (or 2003) for the 1 July - 30 June
year, and is payable to the MLC (or whatever) fund.
- If the super remains unpaid after that date (28 July 2002) then it
becomes a debt owed to the Tax Office (ATO). It is not a debt owed to
you, so you do not list it on your proof of debt form, and you do not
have any enforcement rights.
- We cannot ask the company (or administrator) to pay the overdue
super into our fund (MLC or otherwise). This answers Richard Watson's
question.
- We can notify the ATO given that our super has not been paid.
[While Paul has done this in a generalistic way, you may wish to write
a quick note to the ATO listing what you are owed. Get this figure
from the first Statement of Personal Entitlement issued last year. ]
- While the ATO is able to make a claim, there is no way that we can
force them to do so.
- If the ATO fails to claim, they (and us) may lose our rights to
ever claim on that super (which seems fairly obviously so from the
Deed).
- The super issue is legally a matter between the Company (as a
taxpayer) and the ATO. The privacy laws prohibit the ATO from
disclosing anything about this matter to any third party (including
any of us). This is probably why Paul is getting nonsense from them.
- When the Administrator pays the ATO (for super), the ATO works out
who our current fund is and pays the money. Robert wasn't too sure if
the ATO writes us a letter at that stage, but the voucher system they
used last year no longer operates.
My own thoughts ...
This places us into a difficult situation.
Obviously the same privacy laws do not apply to the Administrator, so
they may elect to tell us whether they have received a claim from the
ATO. We may be able to use recent additions to the privacy act that
gives us the right of access to personal information held by companies
(and administrators). We have a "beneficial interest" in the debt
owed to the ATO, and therefore have a beneficial interest in the
information about the ATO Super claim.
You can call the ASFA on (02) 9264 9300 or 1800 812798 (which works).
==========
Date: Wed, 22 Oct 2003 16:11:11 +1000
From: "Tom Northey" <tn@d...>
Subject: Re: Re: Circular To Employees - Superannuation issues
The statement "Employees should note that ...all amounts outstanding
wrt
Super...including assocaited penalties and interest...will be paid
directly
to ... ATO on your behalf" sounds binding on Deloitte.
They are not saying they are only going to pay if ATO claims it.
I note also that there are penalties and interest on the super. Woo
hoo.
Open a bottle of lemonade - a *large* one if you please!
==========
Date: Wed, 22 Oct 2003 19:11:43 +1000
From: "Paul S Davis" <psdavis@a...>
Subject: Re: Re: Circular To Employees - Superannuation issues
> - You do not list super on your form, because the ATO owns the
debt.
In a phone conversation with the ATO they deny that owe the debt,
because as
usual we are covered by a DOCA and it is the IP responsibility. I'm try
to
get this in writing from the ATO.
========= End of summary ==========
FYI
-----Original Message-----
From: Muir, Sallie (AU - Sydney) Sent: Thursday, 13 November 2003 1:54 PM
To: Paul Davis
Subject: RE: OT DOCA and Super
Paul,
The ATO will lodge one proof of debt (on the employees' behalf) which will
include the superannuation shortfall, interest and an administration fee
component which makes up the Superannuation Guarantee Charge. This will be
paid, in the form of a dividend, from the pool of funds available for
distribution to employees under the Deed of Company Arrangement. The
nominal interest component is calculated on each person's shortfall and is
passed onto the individual employee. The Administration fee is kept by the
tax office.
I hope this answers your question but if not, please do not hesitate to
contact me.
Regards,
Sallie Muir
Deloitte Touche Tohmatsu
-----Original Message-----
From: Paul Davis
Sent: Thursday, 13 November 2003 12:00 PM
To: Muir, Sallie (AU - Sydney)
Subject: OT DOCA and Super
Dear Sallie Muir,
The ATO has give me the following information on superannuation under a
DOCA.
The process of handling superannuation under a DOCA is covered by the Corp
Act. In this situation the superannuation is treated an unsecured debt.
1. The IP will inform the ATO of what dividens will be paid to each
employee.
2. The ATO will then make an assessment for each employee and calculate the
late fee and interest charges that are owed to each employee, this will
then be reported back to the IP.
3. The IP makes payment to the ATO.
4. The ATO distributes the dividens as vouchers to employees or as of
Dec-2003 can make payments directly to a nominated roll-over fund.
My question to Deloitte is where will funds to pay the late fee and
interest charges come from? Will this be a part of the funds made available
to employees under the DOCA?
regards
Paul Davis
Have a look at
http://www.ppbnsw.com/new/view_person.asp?PAGEID=2&STATEID=2&PERSONID=39
Turns out Steve Parbery had advised John Anderson and Peter Costello prior
to Mudgee.
Parbery was originally appointed administrator and was shortly after
appointed as receiver after his application to the court. So it appears he
is both receiver and administator.
http://www.aar.com.au/pubs/pdf/insol/foinsep01.pdf confirms that a company
can be in voluntary administration and receivership at the same time.
http://www.hunthunt.com.au/hunthunt/Publications/MoneyHuntMar00.pdf talks of
a company in receivership which was discharged when it went into
administration, resulting in a DoCA.
Hence it would seem that a DoCA is a possible outcome for Mudgee Abattoir
(although unlikely - since I doubt the current owners - the state
govt/council - want to keep it going under their control).
> For those who haven't delved into the Public File Archives, there is a
> document that Theo wrote, called GEERS.doc, which states that it is
> conceivable that under a Liquidation scenario, it is open to sell the
> business as a going concern.
Contrary to the advice of the administrators.
----- Original Message -----
From: "nick4mony" <no_reply@...>
To: <otmushrooms@...>
Sent: Friday, November 14, 2003 2:44 PM
Subject: [otmushrooms] Re: It's not what you know, it's who you know. Mudgee
abattoir update.
> --- In otmushrooms@..., Elizabeth Fullerton
> <laslig@o...> wrote:
> > well, at least the system works. that system, anyway.
>
> ... which is a Receivership.
>
> > we simply chose the wrong system.
>
> ... being a Voluntary Administration and a Deed of Company Arrangement.
>
> The real question is whether a receivership is open to the same abuses
> as a VA/DoCA. Other questions:
> 1. Is there scope in a receivership for a Deed of Company Arrangement?
> 2. Is there scope to disturb the priorities of creditors in a
> receivership (or a DoCA derived from receivership)?
>
> For those who haven't delved into the Public File Archives, there is a
> document that Theo wrote, called GEERS.doc, which states that it is
> conceivable that under a Liquidation scenario, it is open to sell the
> business as a going concern.
>
> The advantage of this kind of process is that the liquidation is a
> very controlled process, and while there might be arguments of
> commercial judgement (eg choosing a buyer and a price), the
> distribution of money is very predictable, and GEERS is sure to pay
> those workers who are let go.
>
> The disadvantage is that (in most cases) the Directors lose the business.
>
> Nick Bishop
> -----
> Compulsory super was rejected 90:10 in a New Zealand referendum in 1996
> -oOo-
>
>
>
> Reminder: this message is not private. Anyone (including non-members of
this group) can read this message in the archives.
>
> Useful links:
> OT Mushrooms home page (previous messages)
> http://au.groups.yahoo.com/group/otmushrooms/
> Public file archives (Files for download)
> http://au.geocities.com/nick4mony/otm/index.htm
>
> To unsubscribe from this group, send an email to:
> otmushrooms-unsubscribe@...
>
>
> Your use of Yahoo! Groups is subject to
http://au.docs.yahoo.com/info/terms/
>
>
>
--- In otmushrooms@..., Elizabeth Fullerton
<laslig@o...> wrote:
> well, at least the system works. that system, anyway.
... which is a Receivership.
> we simply chose the wrong system.
... being a Voluntary Administration and a Deed of Company Arrangement.
The real question is whether a receivership is open to the same abuses
as a VA/DoCA. Other questions:
1. Is there scope in a receivership for a Deed of Company Arrangement?
2. Is there scope to disturb the priorities of creditors in a
receivership (or a DoCA derived from receivership)?
For those who haven't delved into the Public File Archives, there is a
document that Theo wrote, called GEERS.doc, which states that it is
conceivable that under a Liquidation scenario, it is open to sell the
business as a going concern.
The advantage of this kind of process is that the liquidation is a
very controlled process, and while there might be arguments of
commercial judgement (eg choosing a buyer and a price), the
distribution of money is very predictable, and GEERS is sure to pay
those workers who are let go.
The disadvantage is that (in most cases) the Directors lose the business.
Nick Bishop
-----
Compulsory super was rejected 90:10 in a New Zealand referendum in 1996
-oOo-
No - wrong company. Wrong state.
> -----Original Message-----
> From: Elizabeth Fullerton [mailto:laslig@...]
> Sent: Friday, 14 November 2003 1:51 PM
> To: otmushrooms @ yahoogroups . com . au
> Subject: Re: [otmushrooms] It's not what you know, it's who you know.
> Mudgee abattoir update.
>
> well, at least the system works. that system, anyway. we simply chose the
> wrong
> system.
>
>
>
> > Tom Northey <tn@...> wrote:
> >
> > Mudgee abattoir workers will be paid **today** (14 Nov 03) by GEERS,
> > before
> > the administration of the abattoir has concluded (so DEWR doesn't
> > know if
> > the outcome will satisfy GEERS operational arrangements). This is
> > after NSW
> > govt rushed through special legislation to make the employees
> > priority
> > creditors (originially the NSW legislation for council workers said
> > employees were not priority creditors). Workers will get
> > approximately 80%
> > of entitlements, and they will be paid approx 2 months (yes two
> > months) of
> > the abattoir going into administration (the abattoir went into
> > administration on 9 Sep 03 - yes that's this year!).
> >
> > It's not what you know, it's who you know. Deputy Prime Minister and
> > Member
> > for Gwydir, John Anderson, is the local member for Mudgee.
> >
> > So make sure your next employer is the PM's brother (National
> > Textiles
> > workers got 100% of entitlements) or the local member is the deputy
> > PM.
> >
> > ****GEERS flowing today
> > Friday, 14 November 2003
> > Mudgee Guardian
> > http://tinyurl.com/uxn1 or
> >
> > Former abattoir workers who have applied for assistance under the
> > Federal
> > Government's General Employees Entitlements and Redundancy Scheme
> > (GEERS)
> > and have been approved will have their benefits deposited into their
> > bank
> > accounts today (Friday).
> > A spokesperson for receiver Steve Parbery said Parbery and his staff
> > had
> > worked around the clock since receiving $3.6 million from the Federal
> > Government earlier this week so workers could gain access to the
> > payment
> > today.
> > "To my knowledge not all workers have made application for GEERS and
> > any
> > former worker who has not completed the application is encouraged to
> > do so
> > as soon as possible," the spokesperson said.
> > The announcement from the receiver follows a press release from
> > Deputy Prime
> > Minister John Anderson's office Thursday saying $3.6 million had been
> > transferred to Parbery.
> > In other abattoir news a spokesperson said the extended time for
> > bidding to
> > purchase the abattoir ended Wednesday November 12.
> >
> >
> > ****Federal Government Helps Mudgee Abattoir Workers
> > 12 Nov 2003
> > DEWR
> > http://tinyurl.com/uxnz or
> >
> > Joint Media Release
> > The Hon John Anderson MP
> > The Deputy Prime Minister and Minister for Transport and Regional
> > Services
> > The Hon Kevin Andrews MP
> > Minister for Employment and Workplace Relations and Minister
> > Assisting the
> > Prime Minister for the Public Service
> >
> > THE Australian Government has today provided more than $3.6 million
> > for
> > former employees of the Mudgee Regional Abattoir.
> > Deputy Prime Minister and Member for Gwydir John Anderson and
> > Minister for
> > Employment and Workplace Relations Kevin Andrews announced the money
> > had
> > been given to the insolvency practitioner to be passed to the
> > workers.
> >
> > The $3.6 million was paid out under the Australian Government's
> > General
> > Employee Entitlements and Redundancy Scheme (GEERS).
> >
> > "This is great news for the 230 former workers, their families and
> > the
> > community and follows my representations to the Federal Minister
> > (Employment
> > and Workplace Relations) in September," Mr Anderson said.
> >
> > "Providing the GEERS safety net assistance to the workers of the
> > County
> > Council owned abattoir was originally in doubt due to a legal
> > loophole in
> > the NSW Local Government Act.
> >
> > "But after discussions between the Australian and NSW Governments,
> > the NSW
> > Government agreed to amend the loophole to include insolvency
> > provisions and
> > allow for GEERS payments."
> >
> > Mr Andrews said the insolvency practitioner managing the winding up
> > of the
> > abattoirs, Mr Steve Parbery of Prentice Parbery Barilla, will
> > distribute the
> > $3.6 million.
> >
> > "Employers are responsible for employee entitlements," Mr Andrews
> > said.
> >
> > "However, the Australian Government was the first to introduce a
> > safety net
> > scheme protecting workers who lose their jobs and their entitlements
> > due to
> > their employer's insolvency.
> >
> > "More than $125 million in GEERS payments have been provided to more
> > than
> > 12,500 Australians.
> >
> > "More than 81 per cent of GEERS recipients have received all their
> > outstanding wages, annual leave, long service leave, pay in lieu of
> > notice
> > and redundancy entitlements."
> >
> > For more details about the Australian Government's employee
> > entitlements
> > safety net schemes go to www.workplace.gov.au.
> > For media inquiries, contact
> > Clare Siddins Mr Andersons office 0427 200 674
> > Felicity Dargan Minister Andrews office 0409 550 446
> >
> >
> > ****Ex abattoir workers enjoy partial entitlements win
> > ABC Radio
> > 13 Nov 2003
> > http://abc.net.au/news/australia/nsw/archive/metnsw-13nov2003-4.htm
> >
> > Former employees from the Mudgee abattoir in central western New
> > South Wales
> > should have at least part of what they are owed in their bank
> > accounts by
> > the end of the week.
> >
> > The 230 workers lost their jobs when the abattoir shut in September.
> >
> > The Deputy Prime Minister and Member for Gwydir, John Anderson, says
> > $3.6
> > million has now been made available to the workers under the Federal
> > Government's General Employee Entitlements and Redundancy Scheme.
> >
> > "I'm very glad now that this matter's been resolved well ahead of
> > Christmas," he said.
> >
> > "It's a bit of good news in the tragedy of the jobs lost. I should
> > say at
> > the outset though that I sincerely hope that a purchaser for the
> > abattoir
> > will be found and that jobs will re-emerge in the future."
> >
> > Mr Anderson says money will be put into employee bank accounts as
> > quickly as
> > possible.
> >
> > "As soon as they can get their applications into the administration,
> > be
> > verified that they are who they say they are and the match be worked
> > out...then I think that can happen pretty well immediately," he said.
> >
> > The southern region manager for the United Services Union, Graham
> > Kelly,
> > says while workers are still owed more than $1 million, it is good
> > news the
> > workers will finally get some money.
> >
> > "They're working very feverishly to get that money into the banks by
> > Friday," he said.
> >
> > "The only hiccup that may occur is that there may be some bank
> > details from
> > former employees that may be outstanding...so it is great news and
> > everyone
> > is entitled to feel pleased with what we've achieved.
> >
> > "I'd like to thank the ratepayers and all those people in the Mudgee
> > Shire
> > that have stood by those abattoir workers.
> >
> > "It's been a great effort and certainly we'll be holding a big family
> > day
> > around the 14th of September to get together and celebrate our
> > entitlement
> > win."
> >
> >
> > Reminder: this message is not private. Anyone (including non-members
> > of this group) can read this message in the archives.
> >
> > Useful links:
> > OT Mushrooms home page (previous messages)
> > http://au.groups.yahoo.com/group/otmushrooms/
> > Public file archives (Files for download)
> > http://au.geocities.com/nick4mony/otm/index.htm
> >
> > To unsubscribe from this group, send an email to:
> > otmushrooms-unsubscribe@...
> >
> >
> > Your use of Yahoo! Groups is subject to
> > http://au.docs.yahoo.com/info/terms/
> >
> >
> > http://mudgee.yourguide.com.au/detail.asp?class=news&subclass=local&c
> > ategory=abattoir%20uncertainty&story_id=267603&y=2003&m=11
> > http://www.dewr.gov.au/ministersAndMediaCentre/mediacentre/detail.asp
> > ?keywords=&title=&creator=&type=&month=&year=&index=&show=2781
>
>
> Reminder: this message is not private. Anyone (including non-members of
> this group) can read this message in the archives.
>
> Useful links:
> OT Mushrooms home page (previous messages)
> http://au.groups.yahoo.com/group/otmushrooms/
> Public file archives (Files for download)
> http://au.geocities.com/nick4mony/otm/index.htm
>
> To unsubscribe from this group, send an email to:
> otmushrooms-unsubscribe@...
>
>
> Your use of Yahoo! Groups is subject to
> http://au.docs.yahoo.com/info/terms/
well, at least the system works. that system, anyway. we simply chose the wrong
system.
> Tom Northey <tn@...> wrote:
>
> Mudgee abattoir workers will be paid **today** (14 Nov 03) by GEERS,
> before
> the administration of the abattoir has concluded (so DEWR doesn't
> know if
> the outcome will satisfy GEERS operational arrangements). This is
> after NSW
> govt rushed through special legislation to make the employees
> priority
> creditors (originially the NSW legislation for council workers said
> employees were not priority creditors). Workers will get
> approximately 80%
> of entitlements, and they will be paid approx 2 months (yes two
> months) of
> the abattoir going into administration (the abattoir went into
> administration on 9 Sep 03 - yes that's this year!).
>
> It's not what you know, it's who you know. Deputy Prime Minister and
> Member
> for Gwydir, John Anderson, is the local member for Mudgee.
>
> So make sure your next employer is the PM's brother (National
> Textiles
> workers got 100% of entitlements) or the local member is the deputy
> PM.
>
> ****GEERS flowing today
> Friday, 14 November 2003
> Mudgee Guardian
> http://tinyurl.com/uxn1 or
>
> Former abattoir workers who have applied for assistance under the
> Federal
> Government's General Employees Entitlements and Redundancy Scheme
> (GEERS)
> and have been approved will have their benefits deposited into their
> bank
> accounts today (Friday).
> A spokesperson for receiver Steve Parbery said Parbery and his staff
> had
> worked around the clock since receiving $3.6 million from the Federal
> Government earlier this week so workers could gain access to the
> payment
> today.
> "To my knowledge not all workers have made application for GEERS and
> any
> former worker who has not completed the application is encouraged to
> do so
> as soon as possible," the spokesperson said.
> The announcement from the receiver follows a press release from
> Deputy Prime
> Minister John Anderson's office Thursday saying $3.6 million had been
> transferred to Parbery.
> In other abattoir news a spokesperson said the extended time for
> bidding to
> purchase the abattoir ended Wednesday November 12.
>
>
> ****Federal Government Helps Mudgee Abattoir Workers
> 12 Nov 2003
> DEWR
> http://tinyurl.com/uxnz or
>
> Joint Media Release
> The Hon John Anderson MP
> The Deputy Prime Minister and Minister for Transport and Regional
> Services
> The Hon Kevin Andrews MP
> Minister for Employment and Workplace Relations and Minister
> Assisting the
> Prime Minister for the Public Service
>
> THE Australian Government has today provided more than $3.6 million
> for
> former employees of the Mudgee Regional Abattoir.
> Deputy Prime Minister and Member for Gwydir John Anderson and
> Minister for
> Employment and Workplace Relations Kevin Andrews announced the money
> had
> been given to the insolvency practitioner to be passed to the
> workers.
>
> The $3.6 million was paid out under the Australian Government's
> General
> Employee Entitlements and Redundancy Scheme (GEERS).
>
> "This is great news for the 230 former workers, their families and
> the
> community and follows my representations to the Federal Minister
> (Employment
> and Workplace Relations) in September," Mr Anderson said.
>
> "Providing the GEERS safety net assistance to the workers of the
> County
> Council owned abattoir was originally in doubt due to a legal
> loophole in
> the NSW Local Government Act.
>
> "But after discussions between the Australian and NSW Governments,
> the NSW
> Government agreed to amend the loophole to include insolvency
> provisions and
> allow for GEERS payments."
>
> Mr Andrews said the insolvency practitioner managing the winding up
> of the
> abattoirs, Mr Steve Parbery of Prentice Parbery Barilla, will
> distribute the
> $3.6 million.
>
> "Employers are responsible for employee entitlements," Mr Andrews
> said.
>
> "However, the Australian Government was the first to introduce a
> safety net
> scheme protecting workers who lose their jobs and their entitlements
> due to
> their employer's insolvency.
>
> "More than $125 million in GEERS payments have been provided to more
> than
> 12,500 Australians.
>
> "More than 81 per cent of GEERS recipients have received all their
> outstanding wages, annual leave, long service leave, pay in lieu of
> notice
> and redundancy entitlements."
>
> For more details about the Australian Government's employee
> entitlements
> safety net schemes go to www.workplace.gov.au.
> For media inquiries, contact
> Clare Siddins Mr Andersons office 0427 200 674
> Felicity Dargan Minister Andrews office 0409 550 446
>
>
> ****Ex abattoir workers enjoy partial entitlements win
> ABC Radio
> 13 Nov 2003
> http://abc.net.au/news/australia/nsw/archive/metnsw-13nov2003-4.htm
>
> Former employees from the Mudgee abattoir in central western New
> South Wales
> should have at least part of what they are owed in their bank
> accounts by
> the end of the week.
>
> The 230 workers lost their jobs when the abattoir shut in September.
>
> The Deputy Prime Minister and Member for Gwydir, John Anderson, says
> $3.6
> million has now been made available to the workers under the Federal
> Government's General Employee Entitlements and Redundancy Scheme.
>
> "I'm very glad now that this matter's been resolved well ahead of
> Christmas," he said.
>
> "It's a bit of good news in the tragedy of the jobs lost. I should
> say at
> the outset though that I sincerely hope that a purchaser for the
> abattoir
> will be found and that jobs will re-emerge in the future."
>
> Mr Anderson says money will be put into employee bank accounts as
> quickly as
> possible.
>
> "As soon as they can get their applications into the administration,
> be
> verified that they are who they say they are and the match be worked
> out...then I think that can happen pretty well immediately," he said.
>
> The southern region manager for the United Services Union, Graham
> Kelly,
> says while workers are still owed more than $1 million, it is good
> news the
> workers will finally get some money.
>
> "They're working very feverishly to get that money into the banks by
> Friday," he said.
>
> "The only hiccup that may occur is that there may be some bank
> details from
> former employees that may be outstanding...so it is great news and
> everyone
> is entitled to feel pleased with what we've achieved.
>
> "I'd like to thank the ratepayers and all those people in the Mudgee
> Shire
> that have stood by those abattoir workers.
>
> "It's been a great effort and certainly we'll be holding a big family
> day
> around the 14th of September to get together and celebrate our
> entitlement
> win."
>
>
> Reminder: this message is not private. Anyone (including non-members
> of this group) can read this message in the archives.
>
> Useful links:
> OT Mushrooms home page (previous messages)
> http://au.groups.yahoo.com/group/otmushrooms/
> Public file archives (Files for download)
> http://au.geocities.com/nick4mony/otm/index.htm
>
> To unsubscribe from this group, send an email to:
> otmushrooms-unsubscribe@...
>
>
> Your use of Yahoo! Groups is subject to
> http://au.docs.yahoo.com/info/terms/
>
>
> http://mudgee.yourguide.com.au/detail.asp?class=news&subclass=local&c
> ategory=abattoir%20uncertainty&story_id=267603&y=2003&m=11
> http://www.dewr.gov.au/ministersAndMediaCentre/mediacentre/detail.asp
> ?keywords=&title=&creator=&type=&month=&year=&index=&show=2781
Mudgee abattoir workers will be paid **today** (14 Nov 03) by GEERS, before
the administration of the abattoir has concluded (so DEWR doesn't know if
the outcome will satisfy GEERS operational arrangements). This is after NSW
govt rushed through special legislation to make the employees priority
creditors (originially the NSW legislation for council workers said
employees were not priority creditors). Workers will get approximately 80%
of entitlements, and they will be paid approx 2 months (yes two months) of
the abattoir going into administration (the abattoir went into
administration on 9 Sep 03 - yes that's this year!).
It's not what you know, it's who you know. Deputy Prime Minister and Member
for Gwydir, John Anderson, is the local member for Mudgee.
So make sure your next employer is the PM's brother (National Textiles
workers got 100% of entitlements) or the local member is the deputy PM.
****GEERS flowing today
Friday, 14 November 2003
Mudgee Guardian
http://tinyurl.com/uxn1 or
http://mudgee.yourguide.com.au/detail.asp?class=news&subclass=local&category=aba\
ttoir%20uncertainty&story_id=267603&y=2003&m=11
Former abattoir workers who have applied for assistance under the Federal
Government's General Employees Entitlements and Redundancy Scheme (GEERS)
and have been approved will have their benefits deposited into their bank
accounts today (Friday).
A spokesperson for receiver Steve Parbery said Parbery and his staff had
worked around the clock since receiving $3.6 million from the Federal
Government earlier this week so workers could gain access to the payment
today.
"To my knowledge not all workers have made application for GEERS and any
former worker who has not completed the application is encouraged to do so
as soon as possible," the spokesperson said.
The announcement from the receiver follows a press release from Deputy Prime
Minister John Anderson's office Thursday saying $3.6 million had been
transferred to Parbery.
In other abattoir news a spokesperson said the extended time for bidding to
purchase the abattoir ended Wednesday November 12.
****Federal Government Helps Mudgee Abattoir Workers
12 Nov 2003
DEWR
http://tinyurl.com/uxnz or
http://www.dewr.gov.au/ministersAndMediaCentre/mediacentre/detail.asp?keywords=&\
title=&creator=&type=&month=&year=&index=&show=2781
Joint Media Release
The Hon John Anderson MP
The Deputy Prime Minister and Minister for Transport and Regional Services
The Hon Kevin Andrews MP
Minister for Employment and Workplace Relations and Minister Assisting the
Prime Minister for the Public Service
THE Australian Government has today provided more than $3.6 million for
former employees of the Mudgee Regional Abattoir.
Deputy Prime Minister and Member for Gwydir John Anderson and Minister for
Employment and Workplace Relations Kevin Andrews announced the money had
been given to the insolvency practitioner to be passed to the workers.
The $3.6 million was paid out under the Australian Government's General
Employee Entitlements and Redundancy Scheme (GEERS).
"This is great news for the 230 former workers, their families and the
community and follows my representations to the Federal Minister (Employment
and Workplace Relations) in September," Mr Anderson said.
"Providing the GEERS safety net assistance to the workers of the County
Council owned abattoir was originally in doubt due to a legal loophole in
the NSW Local Government Act.
"But after discussions between the Australian and NSW Governments, the NSW
Government agreed to amend the loophole to include insolvency provisions and
allow for GEERS payments."
Mr Andrews said the insolvency practitioner managing the winding up of the
abattoirs, Mr Steve Parbery of Prentice Parbery Barilla, will distribute the
$3.6 million.
"Employers are responsible for employee entitlements," Mr Andrews said.
"However, the Australian Government was the first to introduce a safety net
scheme protecting workers who lose their jobs and their entitlements due to
their employer's insolvency.
"More than $125 million in GEERS payments have been provided to more than
12,500 Australians.
"More than 81 per cent of GEERS recipients have received all their
outstanding wages, annual leave, long service leave, pay in lieu of notice
and redundancy entitlements."
For more details about the Australian Government's employee entitlements
safety net schemes go to www.workplace.gov.au.
For media inquiries, contact
Clare Siddins Mr Andersons office 0427 200 674
Felicity Dargan Minister Andrews office 0409 550 446
****Ex abattoir workers enjoy partial entitlements win
ABC Radio
13 Nov 2003
http://abc.net.au/news/australia/nsw/archive/metnsw-13nov2003-4.htm
Former employees from the Mudgee abattoir in central western New South Wales
should have at least part of what they are owed in their bank accounts by
the end of the week.
The 230 workers lost their jobs when the abattoir shut in September.
The Deputy Prime Minister and Member for Gwydir, John Anderson, says $3.6
million has now been made available to the workers under the Federal
Government's General Employee Entitlements and Redundancy Scheme.
"I'm very glad now that this matter's been resolved well ahead of
Christmas," he said.
"It's a bit of good news in the tragedy of the jobs lost. I should say at
the outset though that I sincerely hope that a purchaser for the abattoir
will be found and that jobs will re-emerge in the future."
Mr Anderson says money will be put into employee bank accounts as quickly as
possible.
"As soon as they can get their applications into the administration, be
verified that they are who they say they are and the match be worked
out...then I think that can happen pretty well immediately," he said.
The southern region manager for the United Services Union, Graham Kelly,
says while workers are still owed more than $1 million, it is good news the
workers will finally get some money.
"They're working very feverishly to get that money into the banks by
Friday," he said.
"The only hiccup that may occur is that there may be some bank details from
former employees that may be outstanding...so it is great news and everyone
is entitled to feel pleased with what we've achieved.
"I'd like to thank the ratepayers and all those people in the Mudgee Shire
that have stood by those abattoir workers.
"It's been a great effort and certainly we'll be holding a big family day
around the 14th of September to get together and celebrate our entitlement
win."
This is applicable to all employees, whether employed at OT or
anywhere else.
Your employer had until 28 Oct 2003 to pay your super contributions to
your fund (most OT contributions go to MLC). This covers the period
from 1 July to 30 Sept 2003.
There was also another deadline of 28 July 2003 which covers the whole
period from 1 July 2002 to 30 June 2003.
If you have doubts about whether your employer paid up, make some
enquiries.
Nick Bishop
-----
Smoking: when all else fails, give up.
-oOo-
Jason Gowers
>From: nick4mony <no_reply@...>
>Reply-To: otmushrooms@...
>To: otmushrooms@...
>Subject: [otmushrooms] Does anyone know safadao@... ?
>Date: Thu, 06 Nov 2003 10:42:12 -0000
>
>I have a hard bouncing email address ...@ tpg.com.au . It is not on
>openVictims.
>
>Does anyone know who this is? If not, I'll kick it off next week.
>
>Nick Bishop.
>
>
_________________________________________________________________
Hot chart ringtones and polyphonics. Go to
http://ninemsn.com.au/mobilemania/default.asp
I have a hard bouncing email address ...@ tpg.com.au . It is not on
openVictims.
Does anyone know who this is? If not, I'll kick it off next week.
Nick Bishop.
Offline 
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