TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award or variation of award

Metals and Engineering Workers Union
(T.3010 of 1991)

and

Transport Workers Union of Australia,
Tasmanian Branch
(T.3016 of 1991)

PASMINCO ROSEBERY (MINING) AWARD

Redundancy retrenchment, shop steward, contractors, discharge of employees - new clause

REASONS FOR DECISION

Application T.3010 of 1991 by the Metals and Engineering Workers Union contemplated variations to the Pasminco Rosebery (Mining) Award to include provisions in respect of Redundancy/Retrenchment (Discharge of Employees); Shop Stewards; Contractors and related conditions.

Application T.3016 of 1991 by the Transport Workers Union of Australia, Tasmanian Branch was for the variation of the award in respect of a Discharge of Employees provision.

The two applications were joined for hearing purposes. Leave was granted to the TWU to amend its application to conform with the details for Discharge of Employees contained in application T.3010 of 1991.

Subsequently in the proceedings Mr Skinner appearing for Pasminco submitted a copy of the Pasminco Rosebery (Mining) Redundancy Agreement. Whilst that agreement has not been brought forward to the Commission for approval for registration the terms of that document, Exhibit S1, was accepted by the parties in settlement of issues going to redundancy and retrenchment.

In the circumstances the only matter left to include in the award relates to the recognition by Pasminco of accredited union representatives. The provisions of the draft proposal submitted by the MEWU were agreed by all of the parties in the proceedings. Accordingly, subject to some minor alterations to the wording, the clause is endorsed operative from 10 January 1992.

The order is attached.

R K Gozzi
COMMISSIONER

Appearances:
Mr K J Bacon and Mr B J Hansch on behalf of the Transport Workers Union of Australia, Tasmanian Branch.
Mr J R Challis on behalf of the Federated Engine Drivers' and Firemen's Association of Australasia, Tasmanian Branch.
Mr B Lowe on behalf of the Australian Workers Union, Tasmania Branch with Mr Cohen and Mr Lewtas.
Mr K D Becker on behalf of the Electrical Trades Union of Australia, Tasmanian Branch with Mr G Bower.
Mr D Skinner and Mr R Murphy on behalf of Pasminco Rosebery.
Mr T Harding on behalf of the Metals and Engineering Workers Union with M Murfett and Mr P Jordan.

Date and Place of Hearing:
1991
April 23
May 15
July 2