T10742, T10764 and T10782
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TASMANIAN INDUSTRIAL COMMISSION
Industrial Relations Act 1984 The Australian Workers' Union, Tasmania Branch Australian Mines and Metals Association (Incorporated) Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union METALLIFEROUS MINING AND PROCESSING AWARD
Award variation - award-free employees - public interest - safety net - new award created REASONS FOR DECISION [1] On 7 March 2003, 21 March 2003 and 27 March 2003, applications were lodged by The Australian Workers' Union, Tasmania Branch (AWU), the Australian Mines and Metals Association (Incorporated) (AMMA) and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), respectively, pursuant to Section 23 of the Industrial Relations Act 1984, to vary the Metalliferous Mining and Processing Award. [2] This matter was listed for conferences on 30 April 2003, 15 May 2003, 30 May 2003, 25 July 2003, 5 September 2003, 19 January 2004, 23 August 2004, 4 October 2004 and for hearing on 26 November 2004. Appearances: Mr R Flanagan for the AWU; Mr W Fitzgerald for AMMA; Mr P Baker (25/7/03) for the AMWU; Mr D Hanisch (23/8/04, 4/10/04) for the AMWU and 26/11/04 for the AMWU and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU); and Mr K Mayes (23/8/04, 4/10/04) for the CEPU.
[3] Whilst expressed as applications to vary, these applications in reality seek to replace the existing award with an entirely new document covering the full spectrum of wage rates and conditions. [4] This award was created following a decision of Imlach C dated 2 May 1996.[1] This decision created an award consisting only of clauses pertaining to Title and Scope. [5] The Scope clause contained a proviso referring in turn to the Pasminco Rosebery (Mining) Award. [6] In subsequent decisions, the Australian Mines and Metals Association (Incorporated);[2] the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia;[3] the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union;[4] and The Australian Workers' Union, Tasmania Branch,[5] were granted an interest in the Award. Subsequently an application by the Construction, Forestry, Mining and Energy Union, Tasmanian Branch was withdrawn.[6] [7] In a decision dated 29 May 2001[7] Imlach C consolidated the award incorporating an Index clause and the earlier decisions relating to award interest. [8] There was no subsequent activity in relation to the award until an AMWU application for an interpretation of this award and the Pasminco Rosebery (Mining) Award.[8] [9] In a decision dated 9 September 2002 President Leary observed: "I am not satisfied that a document which claims to be an award, but which does not contain relevant and applicable wage rates and conditions other than, in this case, a reference to another award in which the prescribed conditions are unlikely, subject to satisfying certain criteria, to have any application to employers and employees in the industry, can be an appropriate or enforceable award for employers and employees within its scope." [10] The President declined to provide an interpretation and convened a conference of the parties. Subsequently the file was referred to the Commission as presently constituted and fresh applications to vary lodged. [11] Over the next 18 months there was a series of conferences both within the Commission and in private. [12] In a hearing held on 26 November 2004 the parties advised that agreement had been reached in respect of all matters and asked that a new award be made by consent. I now confirm my decision issued in transcript on that day. [13] It is clearly not consistent with the public interest requirements of the Act to have a group of employees in a traditionally award regulated area not subject to any industrial regulation. These applications remedy that position. The new award will also serve as a "safety net" to underpin any other form of industrial regulation the parties may choose to pursue. [14] I am satisfied that the applications are consistent with the wage fixing principles. [15] The applications are granted and the new award will have effect from 1 January 2005. [16] An Order reflecting this decision follows.
Tim Abey Appearances: Date and Place of Hearing: 2004
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