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T5756

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for an award or variation of an award

The Australian Workers' Union,
Tasmania Branch

(T.5756 of 1995)

 

PRESIDENT F D WESTWOOD

HOBART, 6 OCTOBER 1995

Making of new award - Fertiliser Industry Award

REASONS FOR DECISION

This application for the making of a Fertiliser Industry Award had been made by The AWU-FIME Amalgamated Union, Tasmania Branch (now The Australian Workers' Union, Tasmania Branch) primarily to ensure award coverage for the fertiliser manufacturing business previously conducted by Pasminco Metals - EZ at Risdon. Following the sale of that part of Pasminco's operation to Impact Fertilisers Pty Ltd the fertiliser division had become award free.

Mr Cooper for The AWU tendered a draft order, subsequently amended to meet the concerns of the employer's representative and the Commission, setting out the desired Title and Scope of the proposed new award. Other businesses involved in the industry were identified to acquaint the Commission with the potential coverage of a new award. Mr Cooper indicated that no federal award coverage applied in this State. He submitted that it was in the public interest that an award should be made to provide a base or safety net of employment conditions for employees in the fertiliser industry. He said that notwithstanding the fact that the new company had indicated to its employees that it would observe the conditions of the Electrolytic Zinc Award for the time being and that it was prepared to enter into the enterprise bargaining process in due course, there was a need for an appropriate award to be put in place as quickly as possible.

Mr Cooper requested the Commission to insert a Savings Clause in any new award to protect the current rates of pay and conditions applying to employees in the industry. The employer's representative, Mr Fitzgerald, having satisfied his reservations about the proposed Scope Clause and confirmed the new company's intention to become involved in the enterprise bargaining process consented to the amended Title and Scope wording.

Accordingly the award will be made with the following Title and Scope Clause with effect from 2 October 1995.

1. TITLE

This award shall be known as the Fertiliser Industry Award.

2. SCOPE

This award is established in respect of the industry of the manufacture and/or distribution of fertiliser.

An order reflecting this decision is attached.

Subsequently organisations may seek an interest in the new award pursuant to Section 65A and applications made for the insertion of further provisions.

 

F D Westwood
PRESIDENT

Appearances:
Mr G J Cooper for The Australian Workers' Union, Tasmania Branch
Mr W J Fitzgerald for the Tasmanian Chamber of Commerce and Industries Limited.

Date and Place of Hearing:
Hobart
1995
September 19