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Tasmanian Industrial Commission

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T5937

 

TASMANIAN INDUSTRIAL COMMISSION

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

The Australian Workers' Union, Tasmania Branch
(T5937 of 1995)

ELECTROLYTIC ZINC AWARD

 

COMMISSIONER P A IMLACH

2 January 1996

Award variation - clause 2 Scope - application granted - operative 7 Dec 95

REASONS FOR DECISION

This was an application by The Australian Workers' Union, Tasmania Branch (the AWU) for an amendment to be made to the Electrolytic Zinc Award (the Award).

The amendment sought was for the deletion of Clause 2 - Scope of the award and for the following Clause 2 - Scope to be inserted:

    "This Award is established in respect to the production of:

    electrolytic zinc, zinc oxide, acid and other products of zinc ores and aluminium sulphate at Pasminco Metals EZ's operations at the Risdon Plant."

The Scope clause sought to be deleted contained provision for the manufacturing of the fertiliser super phosphate, but, as that activity had been forsaken by the Company it was inappropriate for it to be specified in the Scope Clause of the Award. This factor was the main reason for the change requested although the parties did foreshadow further changes as it was proposed to make the Award an enterprise award in accordance with Section 33 (1) (b)of the Act.

It was submitted that the amendment sought was not against the Guidelines of the Commission nor the requirements of the Act. It was also submitted that the proposed amendment was not against the public interest.

The Australian Mines and Metals Association (Incorporated) confirmed its support for the application.

I accept the submissions put to me and I am satisfied that the application ought to be granted, operative from 7 December 1995, because the parties have agreed and the application conforms with all the requirements.

An order is attached.

 

P A Imlach
COMMISSIONER

Appearances:
Mr J Glisson for The Australian Workers' Union, Tasmania Branch
Mr S Knott for Australian Mines and Metals Association (Incorporated) and Pasminco Metals EZ

Date and place of hearing:
1995
December 7
Hobart