TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.29 application for hearing of an industrial dispute

Tasmanian Chamber of Commerce and Industry Limited
(T.5203 of 1994)

and

National Union of Workers,
Tasmanian Branch

Industrial dispute - alleged imposition of overtime bans

REASONS FOR DECISION

On 10 April 1995 the Tasmanian Chamber of Commerce and Industry Limited (TCCI) made application to the President for the urgent relisting of this part-heard dispute because of fears by Cripps Bakery that drivers employed by them, and who were members of the National Union of Workers, Tasmanian Branch (NUW), intended imposing an overtime ban which would seriously disrupt bread supplies in southern Tasmanian over the Easter period.

During Commissioner Watling's absence on leave the immediate alleged threat of industrial action was temporarily assigned to me.

At a hearing held on 11 April 1995 Mr Edwards of TCCI provided the Commission with a summary of the dispute's history and understandings which were believed to have been previously reached in relation to the means by which an enterprise agreement could be achieved between Cripps Bakery and an appropriately constituted single bargaining unit. However it was said that the matter essentially involved a demarcation dispute between the NUW and the ALHMWU over the coverage of drivers at Cripps Bakery.

After hearing Mr Strickland for the NUW and Mr O'Brien of the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch (ALHMWU) the following elements formed the basis for resolving that aspect of the dispute which related to an apprehension on the part of Cripps Bakery that services involving the orderly delivery of product may be disrupted through industrial action over the Easter period.

1.  An assurance by Mr Strickland that he would strongly recommend to members of the NUW employed by Cripps Bakery as drivers that they not engage in industrial action until the file is returned to Commissioner Watling.

2.  An undertaking by Mr Strickland that immediately following a meeting with member employees at Cripps Bakery scheduled for Wednesday 12 April 1995 he will advise me of the outcome and in particular of any intended industrial action by his member drivers.

3.  A strong recommendation by me that the employees concerned not defy a recommendation by the NUW not to take industrial action, nor that they in fact take industrial action.

4.  That I have made it clear that if my recommendation of no industrial action being taken is not accepted then the hearing will be resumed at short notice to consider alternative and possibly less palatable remedies to settle this aspect of the dispute.

5.  My recommendation that any outstanding issues be settled in an orderly manner and with the further assistance and direction of Commissioner Watling.

6.  That note should be taken of the fact that whilst the Bakers Award still regulates wages and conditions to those industries within its scope for the time being, Commissioner Watling has made a new award known as the Wholesale Plant Bakeries Award. Accordingly it is now open to any registered organisation to seek an interest in the new award in accordance with the provisions of the Industrial Relations Act 1984. Such a mechanism represents a timely opportunity for the orderly resolution of demarcation related issues if needed. This is not to say that other remedies do not also exist.

Given the assurances placed on record in relation to the taking of industrial action by drivers I would expect that the file could be returned to Commissioner Watling upon his return to duty after Easter without the need for me to resume the hearing before that time. However that depends upon the outcome of Wednesday's meeting.

A. Robinson
DEPUTY PRESIDENT

Appearances:
Mr D. Strickland with Mr C. Ackerley for the National Union of Workers, Tasmanian Branch.
Mr K. O'Brien with Mr D. O'Byrne for the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch.
Mr T. Edwards with Mr G. Jones for Cripps Bakery Pty Ltd.

Date and Place of Hearing:
1995.
Hobart:
April 11