T5939
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TASMANIAN INDUSTRIAL COMMISSION
Industrial Relations Act 1984
The Australian Workers’
Union, Tasmania Branch
FERRO ALLOYS AWARD
Award variation - title - scope - parties and persons bound - insert The Australian Workers’ Union, Tasmania Branch - consent matters - application granted - award varied - operative ffpp 12 December 1995
REASONS FOR FURTHER DECISION
This amended application was lodged by The Australian Workers’ Union, Tasmania Branch (the applicant) for the purpose of varying the Ferro Alloys Award to -
a) change the title of the award to the TEMCO Enterprise Award;
b) reword the scope clause to clearly identify that the award only applies to the Tasmanian Electro Metallurgical Company Pty Ltd at its plant at Bell Bay, Tasmania; and
c) change the name of The AWU-FIME Amalgamated Union, Tasmania Branch in the parties and persons bound clause to its new name The Australian Workers’ Union, Tasmania Branch.
This award was established a number of years ago during the time of the Wages Board system for determining wage rates in the State.
It was clearly established at that time for the purpose of covering the work undertaken at TEMCO. However, the Act at that time required the award to be established in respect of an industry, even though this award, in effect, only applied to one employer.
The award then became an award of the Tasmanian Industrial Commission in January 1985.
In recent times the Industrial Relations Act 1984 has been varied to enable awards to be made on an industry or enterprise basis. The applicant in this matter was of the view that, as the award only applies to one enterprise, then the title and the scope should reflect that position.
Even since the inception of the Commission the award has been seen as only applying to one employer and to that end Tasmanian Electro Metallurgical Company Pty Ltd has been given certain rights pursuant to section 66 of the Act.
There was no opposition presented by any party appearing at the hearing against varying the award in the manner sought by the applicant.
And as it not contrary to the wage fixing principles and the public interest requirements of the Act the award will be varied in the manner sought by the applicant, and I so Order.
The Order giving effect to this decision is attached and will be operative from the first full pay period on or after 12 December 1995.
In view of this decision the parties may wish to give consideration to taking the necessary steps to have their Certificate of Registration reflect the new name of the award.
R J Watling
Appearances:
Date and place of hearing: Hobart |