TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

Metals and Engineering Workers' Union
(T.3253 of 1991)

and

Tasmanian Electro Metallurgical Company Pty Ltd

Industrial dispute - spread of hours, payment of time worked, payment of travelling time

REASONS FOR DECISION

In this matter the Metals and Engineering Workers' Union (MEWU) notified that it was in dispute with the Tasmanian Electro Metallurgical Co Pty Ltd (Temco) in respect of

1. The Company's application of the 'Spread of Hours' Clause

2. Payment for time worked

3. The amount of hours required to be worked per day

4. Payment of travelling time

In his opening submission Mr Hill for the MEWU informed the Commission that quite some time ago the MEWU and other unions had entered into negotiations with Temco to establish a more productive working environment for the mutual benefit of employees and the employer alike. The negotiations were held separately between Temco and the various unions represented there and as a consequence a consistent position across the Temco plant was not achieved.

From the submissions made by Mr Hill it became obvious that arrangements entered into between the MEWU and Temco had become somewhat unclear and that neither Temco nor the MEWU were able to precisely say what the practical application of certain complicated working arrangements was. This appeared to be especially the case with regard to the working of normal hours falling within and outside the daily spread of hours.

Following detailed conference proceedings the hours question was resolved on the basis that employees would be able to chose whether or not they wished to be paid for hours worked in excess of 48 hours in any one week. Alternatively employees may chose to bank any work contact time beyond 48 hours and be paid only for the penalty component which attracts to those hours.

As I have indicated, the arrangement is rather complicated, but is predicated on an informal agreement entered into between the parties some time ago. Simply stated, working arrangements were negotiated which provide for 40 hours ordinary time in the first 3 weeks of any cycle and 32 in the fourth week. The result is a 38-hour week in a 4 week cycle worked in the manner I have indicated. As well the parties negotiated that overtime would not apply in respect of any hours worked up to 48 hours in the first three weeks of the cycle and up to 40 hours in the fourth week of the cycle. An overtime component was negotiated by the parties and included in the base and over base rate to take account of the time so worked.

In addition to the foregoing when a 12 hour shift is worked, an entitlement to overtime does accrue as the 12 hours extends beyond the 10 hour daily spread of hours. I was informed that hours outside the spread are paid for at time and one half for the extra two hours. Payment however is only made in respect of the resultant penalty and the contact time is banked.

In these proceedings I indicated to the parties that in my opinion the Ferro Alloys Award should be updated to reflect all of the changes to work practices that have been negotiated over the last three years.

I stated that all of the parties to the award should be involved in this exercise.

It is my understanding that a new award document will be finalised for presentation to the Commission in November 1991. I commend that course of action.

This file is closed.

R.K. Gozzi
COMMISSIONER

Appearances:
Mr M. Hill with Mr D. Sulzberger for the Metals and Engineering Workers' Union.
Mr J. Jones with Mr T. Howard and Mr S. Hawes for the Tasmanian Electro Metallurgical Company Pty Ltd.

Date and Place of Hearing:
1991:
Hobart
October 2