T3066
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Metals and Engineering Workers' Union and Tioxide Australia Pty Ltd
Industrial Dispute - Scheduling of Rostered Leisure Days REASONS FOR DECISION In this matter the Metals and Engineering Workers' Union (MEWU) notified a dispute with Tioxide Australia Pty Ltd (Tioxide) concerning proposals by Tioxide to remove leisure days introduced consequential to the reduction in weekly working hours in May 1982. Extensive off record discussions were held with all of the parties leading to a recommendation by the Commission. The recommendation was predicated on sacrificing leisure days as a means of sending a strong signal to the United Kingdom Board of Management of Tioxide that its Australian employees at Heybridge (near Burnie) would do all they could to prolong Pigment production on a cost competitive basis at that location for as long as possible in return for optimum job security during the transition period between now and the commencement of production at Whyalla. The Commission also advanced the proposition that the UK Board of Management may consider at the time of the visit of its Chief Executive, to provide what assurances it could to Tioxide employees that their positive co-operation in this deliberate cost cutting exercise would be very highly regarded in the context of an ongoing future for Tioxide subsequent to the commissioning of the Whyalla plant in South Australia. In that regard Tioxide representatives at the hearing indicated the possibility of the current operation continuing as a "finishing plant" as opposed to total closure. It was with this in mind that the Commission recommended that leisure days be given up. In doing so the Commission also indicated that if, in the final analysis, the effort by employees did not produce any long term tangible benefits, i.e. jobs and an ongoing presence for Tioxide in Tasmania, then the Commission would have regard for the cost cutting initiatives implemented in determining the retrenchment package that may be applicable in the event of plant closure. Subsequent to the Commission making its views known to the parties, the matter was adjourned to enable further discussions to take place. In the event I was informed in the ensuing proceedings that the parties had reached an agreement fully detailed in the transcript in this matter, but which may be summarised as follows:
It is my understanding that the parties intend to reflect the above arrangements and negotiated improvements in the retrenchment package in an agreement which will shortly come before the Commission for approval for registration. I commend that course of action. On the issue of retrenchments and the calculation of entitlements I support the proposition of the MEWU that Tioxide provide a written statement to each employee indicating length of service as at 1 July 1991. The parties have also reached agreement that weekly paid employees will receive 4 unrostered days off a year in the same way as applicable to salaried employees of Tioxide. I am of the opinion that the parties have made a genuine effort to address the issue of working hours with the objective of meeting the requirements of Tioxide that a more efficient and productive arrangement be adopted. I commend the parties on the establishment of the Survival Committee and as discussed in the proceedings the Commission will be available to assist as requested by the parties. However at this stage, given that what has been canvassed in this decision will be included in an agreement which I have previously referred to, this file is closed.
R K Gozzi Appearances: Date and place of hearing: |