TASMANIAN INDUSTRIAL COMMISSION

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

Minister Administering the Tasmanian State Service Act 1984
(T.3483 of 1991)

and

The Federated Miscellaneous Workers Union
Tasmanian Branch

Industrial dispute - industrial action

REASONS FOR DECISION

This was an application for hearing made under Section 29 of the Act by the Minister Administering the State Service Act 1984 (the Minister) relating to strike action taken by the cleaners and grounds workers employed by the Department of Education and the Arts (the Department) in schools throughout the State.

The Minister sought an order from the Commission restraining the cleaners and grounds workers and their union, the Federated Miscellaneous Workers Union of Australia, Tasmanian Branch (the Union) from taking any further strike action.

At the first and main hearing the parties were at arms length. The essential matter in dispute was the alleged failure of the Minister to confirm a draft agreement reached (after a long period of negotiations) between the Union and the Department based upon recommendations made in a report known as the "Cresap Report".

The items of concern, which were quite significant to the parties, related to redundancies, work practices and replacement policy in particular amongst other items.

Eventually, on the first hearing day, after private conferences and an adjournment, the parties reported some progress and a cessation of the strike on the first shift of the next day.

The parties also requested an adjournment for further negotiations and for the hearing to be reconvened for a report-back in seven days.

When the hearing was reconvened about seven days later, the parties advised that negotiations had continued and some matters had been resolved; however, other matters remained outstanding. The Union was willing for arbitration to take place, but the Minister demurred on the basis that the original purpose for the hearing application had been justified the workers having returned to the schools.

The Minister sought for the file to be closed and his request was granted.

P A Imlach
COMMISSIONER

Appearances:
C. Willingham with G. Payne for the Minister Administering the State Service Act 1984.
K. O'Brien for The Federated Miscellaneous Workers Union of Australia, Tasmanian Branch

Date and place of hearing:
1991.
Hobart.
October 2, 10