T4360 - 4 May
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Federation of Industrial, Manufacturing and Engineering and Pasminco Metals-EZ
Industrial dispute - bans on overtime and the implementation of RACE Ideas - union wage claim and removal of bans RECOMMENDATIONS In this matter Pasminco Metals-EZ (PMEZ) notified the Commission of an industrial dispute with the Federation of Industrial, Manufacturing and Engineering Employees, Tasmanian Branch (FIMEE) and the Construction, Forestry, Mining and Energy Union, Tasmanian Branch (CFMEU). The dispute concerned the placement of bans on overtime and on the Reduce All Costs at EZ (Race) Program following the review held by the parties in respect of claims made by FIMEE and other unions on PMEZ. The issues in this matter were previously canvassed in Matter T4293 of 1993, resulting in a Statement and Recommendations made by the Commission on 15 April 1993. Whilst some of those recommendations were addressed by the parties, agreement was not achieved by them on a definitive time frame for discussions to take place on matters relating to conditions, wages and workplace reforms. In these latest proceedings a number of proposals were negotiated under the supervision of the Commission, with the objective of providing the parties with a viable framework within which they could discuss all outstanding matters. Having regard to the conference discussions between the parties, and to the material that was presented to the Commission in these proceedings, I strongly recommend the following course of action to further progress the issues which are still in dispute between the parties. 1. Cooling Off Period: There should be an immediate cooling off period to enable the parties to consider their respective positions in a dispute-free environment in respect of the claims made by FIMEE and other unions. 2. Consultation: Following the cooling off period PMEZ is to commence discussions with its employees and their union representatives on 5 July 1993 (being the first Monday after the end of the financial year). The discussions will give unions, employees and PMEZ the opportunity to raise any agenda items for inclusion in proposals to be put to employees. Notwithstanding the foregoing, discussions on non wages matters comprehended in the FIMEE claim should be commenced immediately as there is no requirement to await the end of the financial year in respect of those issues. The Commission will be available to assist with the negotiation processes as deemed necessary or desirable by any of the parties. 3. Proposal: The processes of consultation and negotiation which are to commence on 5 July 1993 shall conclude no later than 3 August 1993, at which time PMEZ is to put a proposal to employees and their union representatives on matters including the system of industrial regulation to apply in the future and the means by which employees might be rewarded for their contribution to PMEZ reaching international competitiveness. 4. The parties are to report back to the Commission no later than 4 August 1993. The comments made by the Commission in the proceedings yesterday, are re emphasised. Those comments were as follows: "..it's my strong recommendation that the proposals be accepted at the stop-work meeting, that the bans be lifted and that the matters under consideration can then be advanced in a dispute free environment with respect to the log of claims. You'll note that I've refrained from issuing any orders. I don't believe that's the way to go. At this point I believe that the format that is before you to consider represents a real opportunity for all of the matters to be considered in an environment more conducive to constructive negotiations." In order for the Commission to be able to be informed of the outcome of the stop-work meeting to be held at 7.45 am on 5 May 1993, a further hearing has been set down for 9.30am on 5 May 1993.
R. K. Gozzi Appearances: Date and Place of Hearing: |