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Tasmanian Industrial Commission

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T3120 - 29 July

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application to vary an award

Tasmanian Confederation of Industries
(T.3120 of 1991)

MISCELLANEOUS WORKERS AWARD

 

COMMISSIONER P A IMLACH

29 July 1991

Contract of Employment - employee discipline - suspension

REASONS FOR INTERIM DECISION

This was an application made under Section 23 of the Act by the Tasmanian Confederation of Industries (the Confederation) for the insertion in the Miscellaneous Workers Award (the Award) of a new clause providing an employer with the power to suspend an employee from duty without pay.

After the Confederation had completed its primary submissions the Federated Miscellaneous Workers Union of Australia, Tasmanian Branch (the Union) sought an adjournment of the hearing for the reason that the subject ought to have been included as part of the agenda for the Award Structural Efficiency Principle (SEP) negotiations.

The Union further advised that the Confederation had been reluctant to take part in SEP negotiations over the Award; allegedly the Confederation had said that the Award was low priority in the matter of SEP negotiations. The Union claimed it had sought negotiations as far back as 1989 and it now sought a direction from the Commission that the parties commence negotiations.

The Confederation opposed the adjournment application saying that it was entitled to proceed on a single item for specific reasons: it quoted other cases where such had been the case (hours of work and right of entry).

I agreed to the adjournment request and in so doing I promised to confirm in writing the reasons I gave then. They were:

    1. It is appropriate that a "suspension" clause be part of the negotiations for the SEP settlement; and

    2. To my knowledge, suspension provisions have so far been included in awards of this Commission only by agreement. I consider it more appropriate for the parties to seek to reach agreement before the matter proceeds to arbitration. I further request the parties to commence SEP negotiations with a view to including "suspension" as part of the ensuing settlement.

Hours of work and right of entry are subjects which generally do not fit with the reasons I have given and, therefore, do not equate in that sense with suspension.

As agreed, the hearing will resume on Tuesday, 20 August 1991.

 

P A Imlach
COMMISSIONER

Appearances:
K O'Brien and P Shelley for the Federated Miscellaneous Workers Union of Australia, Tasmanian Branch.
S Clues for the Tasmanian Confederation of Industries.

Date and place of hearing:
1991.
Hobart:
July 4, 18.