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Tasmanian Industrial Commission

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T3500

 

TASMANIAN INDUSTRIAL COMMISSION

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

Metals and Engineering Workers' Union
(T.3500 of 1991)

and

Tasmanian Electro Metallurgical Company Pty Ltd

 

COMMISSIONER R K GOZZI

HOBART 5 December 1991

Hours between shifts

REASONS FOR DECISION

The Metals and Engineering Workers' Union (MEWU) were in dispute with the Tasmanian Electro Metallurgical Company (TEMCO) over the issue of the amount of payment that should be made for the rest period when an employee is called back to work in circumstances where the employee has not had a 10-hour break.

In the above circumstances, as far as the Commission is aware, penalty payments generally attract to the time at work where the employee is required to return to work before the expiry of the nominated rest period. However at TEMCO payment is made for the rest period as well.

In these proceedings the Commission recommended that the status quo reflected in an agreement, not registered in the Commission, between the MEWU and TEMCO be maintained. I also recommended that the parties address themselves to the introduction of uniform working conditions through the updating of the Ferro Alloys Award. It seems to me that the diversity of arrangements across the site are an impediment to structural efficiency.

I have made similar observations in the past and I again recommend that TEMCO and the unions represented on site address this matter with some urgency. My comments are based on the real concern that unless there is a marked change in approach to the enhancement of productivity and to the lowering of the cost of production, TEMCO's very survival in Tasmania could be in doubt.

It is clearly in the wider public interest for the workforce, management and employees alike, and the unions to take a fresh look at structural reform and work practices at TEMCO. The Commission is ready, willing and able to assist this process at the request of the parties.

 

R K Gozzi
COMMISSIONER

Appearances:
Mr M K Hill with Mr D Sulzberger for the Metals and Engineering Workers' Union
Mr G Jones with Mr D Lambert and Mr S Hawes for the Tasmanian Electro Metallurgical Company Pty Ltd

Date and place of hearing:
1991
Hobart
December 4