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Tasmanian Industrial Commission

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T4585 - Statement

 

TASMANIAN INDUSTRIAL COMMISSION

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

Pasminco Metals-EZ
(T.4585 of 1993)

and

Federation of Industrial, Manufacturing and Engineering Employees,
Tasmania Branch

 

COMMISSIONER R K GOZZI

HOBART, 17 September 1993

REASONS FOR STATEMENT

The subject matter of this dispute was discussed in my Reasons for Decision dated 17 September 1993.

In that decision I indicated, among other things, that I understood the concerns of employees regarding the outcome of the operational review currently underway. I also stated that the Commission had expectations of EZ on how it would deal with any job reductions. I said that I accepted assurances from the Company that a sensible approach to employee reductions would be adopted and that the approach would be as set out in my earlier reasons for decision. Suffice to say that was that the Company would act in a manner consistent with providing every possible assistance to those employees who may lose their jobs. I indicated that I accepted the Company's assurances in that regard.

It is therefore extremely disappointing that the employees concerned decided not to remove the bans in place designed to inflict costs on the Company which would be avoided if the employees removed their bans.

Given that the Commission has done all it can to reassure employees of the Commission's expectations of what should occur in the event that jobs will be lost at EZ, the continuation of the bans is not accepted as a defensible action by the employees concerned.

It would be different if the outcome of the review was going to be implemented in an insensitive manner. That will not be the case. Discussions and consultations will take place to ensure that every employee is apprised as early as possible, of the job situation.

The Commission is of the view that it has been given the necessary commitments from EZ that any job reductions will be effected subject to proper dialogue with employees and unions. Also specified back up assistance will be provided to employees in the event of retrenchments.

In all of the circumstances the continuing action by employees makes no sense either from an individual or collective point of view. I believe that every reasonable opportunity has been provided to employees to reconsider their imposition of damaging and costly bans. As the industrial action is not proposed to be lifted until Sunday, after demurrage costs and shipping delays will have been incurred, the Commission has decided to issue an order directing the immediate lifting of all bans to facilitate the unimpeded loading of the "Zinc Master" and the "Bow Sea".

 

R K Gozzi
COMMISSIONER