T2868
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 The Amalgamated Metal Workers Union and Tasmanian Electro Metallurgical Company Pty Ltd
Wage rates - Travel allowance & rest periods REASONS FOR DECISION This dispute was notified by The Amalgamated Metal Workers' Union in the following terms: "This dispute involves a claim by the AMWU for the payment of travel allowance and rest periods after overtime at TEMCO - Bell Bay. The employees concerned were engaged on the No 3 Furnace shut down from Monday 26 November, 1990 to Friday 30 November, 1990. All AMWU members of TEMCO have participated in a twenty four (24) hour protest stoppage commencing 11.00 am Thursday 6 December 1990" Mr Hill appearing for the union indicated that at the nub of the dispute was the apparent failure by TEMCO to provide day work employees with the stipulated notice of the requirement to work shifts during the shut down of the No 3 furnace for maintenance purposes. Whilst relevant sections of the Ferro Alloys Award were referred to and in particular clauses 20 and 22, interpretation proceedings were not comtemplated by the parties. Proceedings of that kind can of course only be conducted by the President pursuant to Section 43 of the Industrial Relations Act 1984. Having regard to the submissions of Mr Hill and those made by Mr Jones for TEMCO, the matters in issue simply come down to whether or not day work employees were given the appropriate notice of changed work arrangements for the period of the shut down. The Commission found it difficult to come to any real conclusions on that point. In the circumstances should the final offer made by TEMCO not be accepted by the AMWU on behalf of the employees concerned, then it may well be that witnesses may have to called as foreshadowed by Mr Hill. However, as this matter stands at the moment I consider that the final offer made by TEMCO in off record discussions between the parties appears reasonable. This file will be held open for a further two weeks from the date of this decision to facilitate further proceedings should this be necessary.
R K Gozzi Appearances: Date and Place of Hearing: |