T4359
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Federation of Industrial, Manufacturing and Engineering Employees, and Pasminco Metals-EZ
Industrial dispute - refusal by cell room employees to trial new technology REASONS FOR DECISION In this matter Pasminco Metals-EZ (PMEZ) requested the assistance of the Commission to resolve an industrial dispute with employees who are members of the Federation of Industrial, Manufacturing and Engineering Employees Union, Tasmania Branch (FIMEE). The dispute concerned the reallocation of certain duties currently performed by an employee designated Spare Hand 2 during a six month trial period relating to a new method of "demanganesing". Having regard to the submission of Mr Fenech appearing for PMEZ, the reallocation of Spare Hand 2 duties will still require the performance of some 28 separate activities by the Spare Hand 2 until the end of the trial period. Notwithstanding that the reallocation of duties away from the employee designated Spare Hand 2, there will not be any effect on employment numbers as a result of the proposed change. Whilst that is an important consideration the most compelling aspect in this matter relates to the capacity of PMEZ, in accordance with the facilitative provisions contained in the Contract of Employment clause in the Electrolytic Zinc Award. In that regard subclause 13(f)(i) permits PMEZ to make the request that it has for the reallocation of duties. It should be noted that the inclusion in the award of this and other facilitative provisions was with the agreement of FIMEE and was part of the Agreed Agenda items to satisfy the requirements of the Wage Fixing Principles as set out in the State Wage Case Decision1 of 13 August 1991. Specifically Principle 2 - Structural Efficiency, stipulated in paragraph (e) that awards must contain a provision to the effect that an "employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training". The parties are also reminded that, inter alia, the inclusion of this particular type of provision in the Electrolytic Zinc Award resulted in a 2.5 per cent wage increase operative from September 1991. In all of the circumstances I confirm my decision given in transcript on 3 May 1993 that PMEZ reallocate Spare Hand 2 duties, as outlined in the proceedings.
R.K. Gozzi Appearances: Date and Place of Hearing: |