T4658
|
TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Federation of Industrial, Manufacturing and Engineering Employees and Pasminco Metals - EZ
Award variation - deletion of Clause 24 - Retrenchment of Employees REASONS FOR DECISION In this matter the Federation of Industrial, Manufacturing and Engineering Employees Union (FIMEE) made application for the deletion of Clause 24 - Retrenchment of Employees, from the Electrolytic Zinc Award. The reason for the application was to remove an impediment from the Commission arbitrating on a Section 29 retrenchment claim lodged by FIMEE as a result of the announcement by Pasminco Metals - EZ (EZ) that it intended to retrench some 300 - 350 employees. At the time of hearing this matter EZ had commenced the retrenchment of workers. The Section 29 claim by FIMEE is significantly in excess of what is currently in the award. Further the award provision related only to specific circumstances and has in fact been overtaken by retrenchment provisions agreed between the parties some time ago. On all counts the award provision has served its purpose in respect of retrenchment issues in 1982 and its continuation in the award would do no more than constrain the Commission from making a determination in the Section 29 proceedings having regard to Section 31(2)(b) of the Act. Accordingly the variation requested to be made by FIMEE is endorsed operative from 26 October 1993. The Order is attached.
R K Gozzi Appearances: Date and Place: |