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Tasmanian Industrial Commission

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T4592 - 20 September

 

TASMANIAN INDUSTRIAL COMMISSION

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

Pasminco Metals-EZ
(T.4592 of 1993)

and

Federation of Industrial, Manufacturing and Engineering Employees,
Tasmania Branch

 

COMMISSIONER R.K. GOZZI

HOBART, 20 September 1993

Industrial dispute - transporting of containers to Hobart wharf

REASONS FOR DECISION

In this matter Pasminco Metals-EZ (EZ) notified the Commission of a dispute with the Federation of Industrial, Manufacturing and Engineering Employees, Tasmania Branch (FIMEE) concerning the ban on the transportation of containers from the Pasminco wharf at Risdon to the Hobart wharf.

Primarily the dispute arose because of the uncertainty of future wharf operations at Pasminco. That and other operational issues will be known when the outcome of an operational review, now in its final stages, is known.

Pasminco have provided assurances to FIMEE that it will inform it of the consequences of the review as soon as possible and that discussions and consultations will take place to ensure that employees are apprised as early as possible of the impact of the review on jobs. Those assurances and other matters were discussed in my Reasons for Statement and Reasons for Decision in matter T.4585 of 1993.

In the circumstances it is irrational for the continuing imposition of bans by one section of the workforce. This is particularly the case as the arrangement to transport containers to the Hobart wharf is consistent with an earlier negotiated agreement which allows this to take place when the wharf is otherwise occupied, as is the case here.

I recommend that the ban be lifted as soon as possible following a meeting of employees on 21 September 1993. A report back to the Commission has been set down for 9.30am on that day.

 

R.K. Gozzi
COMMISSIONER

Appearances:
Mr J. Long with Mr G. Crew for the Federation of Industrial, Manufacturing and Engineering Employees, Tasmania Branch.
Mr A. Fenech with Mr D. Lyons for Pasminco Metals-EZ.

Date and Place of Hearing:
1993.
Hobart:
September 20