T4585 - 17 September
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Pasminco Metals-EZ and Federation of Industrial, Manufacturing and Engineering Employees,
Industrial dispute - overtime bans by PMEZ wharf employees REASONS FOR DECISION In this matter Pasminco Metals-EZ (EZ) notified the Commission of an industrial dispute with the Federation of Industrial, Manufacturing and Engineering Employees, Tasmania Branch (FIMEE). The dispute concerned the imposition of overtime bans on the EZ wharf and the potential impact of those bans on shipping requirements. Mr Long appearing for FIMEE informed the Commission that the employees concerned in this dispute were extremely anxious to learn of the outcome of an organisational review which they considered could result in job losses consequential to the stuffing and loading of containers on the Hobart wharf and not at EZ as is the current practice. Mr Fenech for EZ informed the Commission that the review had not been completed and at this stage there was nothing to communicate to employees. He assured the Commission that all employees, not only those working on the wharf, would be advised of the outcome of the review when it is completed. The Commission advised Mr Fenech that it expected employees and unions to be given as much notice as possible of employment and other changes which may eventuate as a result of the review findings. In that regard EZ was advised of the Commission's expectations of the company concerning the provision of adequate notice and other assistance such as counselling and securing alternative employment opportunities for employees who may be displaced. This would be the case particularly where areas of the operation which may be termed non-core activities may be shed to other businesses. I am obviously aware of the feeling of insecurity employees of EZ have at this time given that the review is expected to result in job reductions. That concern has been discussed in other Commission proceedings dealing with the negotiation of an industrial agreement for wage increases and productivity and efficiency measures. Those concerns are recognised by the Commission and are understandable but the imposition of damaging bans will not serve to expedite the review. As I have said the review is not restricted to the wharf but applies to the entire EZ operation. My intention is to endeavour to ease the anxiety of employees by stating unequivocally that the Commission accepts the assurances of EZ that it will deal with the outcome of the review sensibly and will consult employees and unions as appropriate. I have made my expectations about that clear and also about the processes I consider should be put in place in the event job reductions may unfortunately have to be made. I have been given assurances by EZ about those expectations, which I accept. In the circumstances I recommend in the strongest possible terms that the bans be lifted to allow the loading of the "Zinc Master" and the "Bow Sea" so as to avoid incurring substantial demurrage costs.
R.K. Gozzi Appearances: Date and Place of Hearing: |