T5318
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Tasmanian Chamber of Commerce and Industry Limited and Automotive, Food, Metals and Engineering Union The AWU-FIME Amalgamated Union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia Construction, Forestry, Mining and Energy Union,
Industrial dispute - Tioxide Australia Pty Ltd - supplementary labour agreement REASONS FOR DECISION In this matter the Tasmanian Chamber of Commerce and Industry Limited (TCCI) made application on behalf of Tioxide Australia Pty Ltd (Tioxide) in respect of an industrial dispute with various unions party to the Tioxide Australia Pty Ltd Industry Agreement (the Agreement). Specifically Tioxide wished to have set aside the operations of the Supplementary Labour Agreement set out in Appendix 1 to the Agreement. In the proceedings I was informed by Mr Edwards appearing for Tioxide that it was imperative in order to reach higher production levels that the Supplementary Labour Agreement provisions be set aside in order for Tioxide to establish once and for all optimum operating conditions for the plant. I was left in no doubt that Tioxide considered the supplementary labour arrangements in Appendix 1 were not working in the best interests of all concerned. Mr Price, for the Automotive, Food, Metals and Engineering Union and principal advocate for the other unions represented in the hearing, emphasised that the supplementary labour provisions had enabled the flexible use of contractors as indicated in Exhibit AFMEU3. Mr Price submitted that if Tioxide was seeking assistance to improve its productive capacity then it was necessary for it to identify where that assistance was required. He was critical of the fact that Tioxide had not specified actual problems and considered that Tioxide's real agenda was the scrapping of the Supplementary Labour Agreement as identified in Exhibit TCCI3. It was the view of the unions that if all that was going to be discussed was Exhibit TCCI3 then any proposed conference proceedings would be extremely short. Subsequently agreement was reached between the parties that in conference discussions with the Commission union proposals set out in Exhibit AFMEU4 and TCCI proposals set out in Exhibit TCCI3 would form the agenda. In the event the parties were able to conduct constructive discussions over a period of some hours resulting in a document, identified as Exhibit TCCI4, which reflected the measure of consensus achieved in the proceedings. This exhibit is attached to this decision. In all of the circumstances this file will be held open until such time as the proposals in Exhibit TCCI4 are considered at a meeting of relevant union members at Tioxide to be held at 12.30pm on 20 January 1995. If the agreement set out in Exhibit TCCI4 is endorsed the Commission will close this file. However if the Agreement is rejected by the meeting of union members then any of the parties can seek the relisting of this matter. Having been involved in the conference proceedings I consider the outcome that was achieved by the parties to be fair and reasonable. It will, if supported at the meeting on Friday, provide the opportunity for Tioxide to demonstrate its bona fides and for it to hold to its word that no-one will be disadvantaged. Also that it will be a step in the right direction as Mr Edwards observed to "establish an era of trust". It is important to recognise that the outcome of the relaxation of the Supplementary Labour Agreement, if supported by union members, will provide an opportunity at the end of the three month period to examine whether the exercise was beneficial in the context of generating efficiencies and greater productive capacity and what this would mean in regard to the renegotiation of the Tioxide Enterprise Agreement. Importantly I accept the intention of Tioxide to keep employees informed in respect of the planning and scheduling of work under the proposed arrangements in Exhibit TCCI4. This should serve to assist employees and their representatives to reach an informed view as to the benefits or otherwise of changed arrangements contained in this exhibit. For all of the reasons referred to above I commend the proposals in Exhibit TCCI4 to the union members concerned. I also congratulate the parties in the conference proceedings on what I regarded to be their earnest and sincere efforts to progress this matter to this stage.
R.K. Gozzi Appearances: Date and Place of Hearing: |