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Tasmanian Industrial Commission

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T3495

 

TASMANIAN INDUSTRIAL COMMISSION

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

Federation of Industrial, Manufacturing and Engineering Employees,
Tasmania Branch

(T.3495 of 1991)

and

Tasmanian Electro Metallurgical Company Pty Ltd

 

COMMISSIONER R K GOZZI

HOBART 11 November 1991

Re: Strike action

REASONS FOR DECISION

In this matter the Federation of Industrial, Manufacturing and Engineering Employees, Tasmania Branch (FIMEE) sought the assistance of the Commission following strike action by its members employed by the Tasmanian Electro Metallurgical Company Pty Ltd (TEMCO). The industrial action was taken over what was considered by FIMEE to be a breach of an agreement.

In subsequent proceedings, the parties informed the Commission that the particular issue, giving rise to the dispute had been settled but that the issue of working hours and method of working and payment for overtime still had to be resolved.

In assisting the parties in this matter I recommended that the status quo should be maintained. My recommendation also comprehended FIMEE being involved in a site conference with the Commission, TEMCO and other unions represented at TEMCO to discuss the updating of the Ferro Alloys Award which would set out, in the ultimate, rates of pay and conditions for all employees and would supersede the numerous informal agreements which currently apply.

The parties in this matter are well aware of the concern of the Commission that the Ferro Alloys Award has not been varied for some time and does not reflect arrangements negotiated between the union and TEMCO over a considerable period of time. In that context the Commission has an open mind as to whether or not an agreement, able to be approved for registration in the Commission may be preferable to varying or replacing the existing award.

The main objective of the Commission is to facilitate a process which will assist the parties to unravel the arrangements that have been negotiated in the past and which, at least for some of those involved in these arrangements, have become contentious.

 

R K Gozzi
COMMISSIONER

Appearances:
Mr J Glisson with Mr M Donnelly and Mr G McCreghan for the Federation of Industrial, Manufacturing and Engineering Employees, Tasmania Branch
Mr G Jones with Mr T J Howard and Mr G Hannan for Tasmanian Electro Metallurgical Co. Pty Ltd.

Date and place of hearing:
1991
Hobart
October 23