TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.29 application for hearing of industrial dispute

Metals and Engineering Workers' Union
(T.3067 of 1991)

and

Tioxide Australia Pty Ltd

Industrial dispute - non compliance with Contractors Agreement

REASONS FOR DECISION

This dispute between the Metals and Engineering Workers Union (MEWU) and Tioxide Australia Pty Ltd (Tioxide) concerned the use of supplementary labour (contractors) for the removal of redundant equipment from the Tioxide plant at Heybridge.

After hearing Mr Price for the MEWU and Mr Edwards for Tioxide I concluded that approval for the use of supplementary labour should not be withheld by the MEWU because:

(i) The job security of Tioxide tradespersons will not be at risk as a result of the work in question being performed by contractors.

(ii) The work is routine and accordingly Tioxide tradespersons will not be disadvantaged in the context of exposure to high level and more complex duties.

(iii) Tioxide tradespersons, having regard to current work requirements, would not be available to undertake the tasks associated with the removal of the redundant equipment in normal working hours.

(iv) The $12970 fixed price contract, in all of the circumstances, is the most viable and cost efficient method of removing the old equipment from the site.

This file is now closed.

R K Gozzi
COMMISSIONER

Appearances:
Mr D Price with Mr G McQueen and Mr R Pascoe for the Metal and Engineering Workers' Union.
Mr T Edwards with Mr M Walsh and Mr E Van der Ploeg for Tioxide Australia Pty Ltd.

Date and Place of Hearing:
1991
Launceston
May 16