Department of Justice

Tasmanian Industrial Commission

www.tas.gov.au
Contact  |  Accessibility  |  Disclaimer

T10799

 

TASMANIAN INDUSTRIAL COMMISSION

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

The Australian Workers' Union, Tasmania Branch
(T10799 of 2003)

PASMINCO HOBART SMELTER ENTERPRISE AWARD

 

DEPUTY PRESIDENT R J WATLING

HOBART, 30 April 2003

Award variation - wage rates and work related allowances - State Wage Case T3166 of 1991, T4692 of 1993, T5214 of 1994, T6284 of 1996, T6941 of 1997, T7702 of 1998, T8413 of 1999, T9062 of 2000, T9605 of 2001 and T10230 of 2002 - consent matter - application approved - award varied - operative date ffpp 28 April 2003

REASONS FOR DECISION

[1] This application was made pursuant to s.23 of the Industrial Relations Act 1984, by The Australian Workers' Union, Tasmania Branch (the union).

[2] This was a consent application.

[3] The union sought to vary the Pasminco Hobart Smelter Enterprise Award; and, in particular to:

  • increase rates of pay in accordance with the State Wage Case decisions arising out of T3166 of 1991, T4692 of 1993, T5214 of 1994, T6248 of 1996, T6941 of 1997, T7702 of 1998, T8413 of 1999, T9062 of 2000, T9605 of 2001 and T10230 of 2002; and

  • increase work related allowances in accordance with State Wage Case decisions arising out of T3166 of 1991, T4692 of 1993, T5214 of 1994, T6248 of 1996, T6941 of 1997, T7702 of 1998, T8413 of 1999, T9062 of 2000, T9605 of 2001 and T10230 of 2002.

[4] Mr R Flanagan, for the union, presented detailed submissions in support of the application. He traced the compounding effect of the increases to the award arising out of various State Wage Cases.

[5] Mr M Reeve, for the Construction, Forestry, Mining and Energy Union, Tasmanian Branch, supported the submission of Mr Flanagan.

[6] Mr W J Fitzgerald, for the Australian Mines and Metals Association (Incorporated), confirmed the matter was a consent application and supported the submissions and the draft Order of Mr Flanagan.

[7] Given the submissions of the parties and the degree of consent, I approve the variation to the award as outlined in the draft Order.

[8] I am satisfied that the variation does not impact on any other award of the Commission; has no real impact on Pasminco Hobart Smelter as there are industrial agreements in place; makes the award a more realistic safety net upon which enterprise bargaining can take place; and does not offend the public interest or the Wage Fixing Principles.

[9] The Order giving effect to this decision is attached.

 

R J Watling
DEPUTY PRESIDENT

Appearances:
Mr R Flanagan for The Australian Workers' Union, Tasmania Branch
Mr M Reeve for the Construction, Forestry, Mining and Energy Union, Tasmanian Branch
Mr W J Fitzgerald for the Australian Mines and Metals Association (Incorporated)

Date and place of hearing:
2003
April 28
Hobart