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T4198

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award or variation of award

Emu Bay Railway Company Limited
(T.4198 of 1992)

EMU BAY RAILWAY AWARD

 

COMMISSIONER R K GOZZI

HOBART 12 January 1993

Award variation - structural efficiency

REASONS FOR DECISION

The Emu Bay Railway Award has already been the subject of considerable structural efficiency review which has resulted in many award changes from mid 1990 onwards. Monitoring and award variation proceedings have assisted to continue the award restructuring momentum.

The point has now been reached where remote control shunting technology is proposed to be introduced by approximately mid year. A joint Emu Bay Railway and employee representative working party has been established to facilitate its smooth implementation. An invitation to participate in the necessary processes, ahead of any award variation proceedings, has been extended to the Commission.

Shunting is currently undertaken in accordance with the Emu Bay Railway Restructuring Agreement. A minor difficulty arose with that Agreement which the parties were able to resolve in the course of these proceedings. Whilst the outcome does not require an award variation the thrust of the settlement between the parties was that accelerated training would be provided to employees subject to the Track Maintenance Operation career stream.

A further matter related to meal breaks. A new clause will be included in the award to reflect an entitlement for all employees, other than main line train crews, to take an unpaid meal break of no more than 45 minutes, no later than 5 hours from the start of work. A proviso to enable those arrangements to be altered by mutual consent of the employer and employee, will also be included.

The parties also agreed that sub-clause 32(g) Shift Work - of the award should be varied to exclude mainline train crews from the application of the provision in that clause. That variation is endorsed.

The operative date for the foregoing variations will be from the date of this decision.

The order is attached.

 

R K Gozzi
COMMISSIONER

Appearances:
Mr R Murphy with Mr R Evetts and Mr White for the Emu Bay Railway Company Limited.
Mr M Hill for the Metal and Engineering Workers Union.
Mr R Neale for the Australian Railways Union, Tasmanian Branch.
Mr J White for the Construction, Forestry and Energy Union, Tasmanian Branch.

Date and Place of Hearing:
1993
January 7, 8
Burnie