T4613 - 12 October
|
TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Federation of Industrial, Manufacturing and Engineering Employees, and Pasminco Metals-EZ
ORDER PURSUANT TO SECTION 31(1) OF THE ACT The Commission has been involved informally in discussions with Pasminco Metals-EZ (PMEZ) and unions on the retrenchment of 300-350 employees. Those informal discussions continued last Saturday, 9 October 1993, when agreement was reached that PMEZ would provide information relating to the sections, areas and departments which would be affected by retrenchment. The informal conference process was subsequently overtaken by the lodgement of application T.4613 of 1993 thereby enabling the Commission to commence formal proceedings on all issues relating to the proposed retrenchments. The first hearing in matter T.4613 was on Monday 11 October 1993. At that time the Commission anticipated that the detailed information agreed to be provided following the earlier informal discussion held on 9 October 1993, would be presented. This was not the case. PMEZ tabled Exhibit PMEZ1, an employee news bulletin called "Info-Share Bulletin" which set out award and non-award employee reductions. It did not, in all cases, specify the departments, sections or areas where the retrenchments are intended to be made. PMEZ submitted that notwithstanding absence of some of the details that had been requested, the Info-Share Bulletin information was superior information to providing details by departments, areas or sections. Having discussed this matter for a considerable period of time, commencing informally on 9 October and in formal hearings and conferences on 11 and 12 October 1993 I have formed the view that the retrenchment information by departments, sections and areas should be provided no later than 2.00pm on 13 October 1993. I do not consider this to be an unrealistic timeframe because of the submissions made by PMEZ which indicated the relevant information is already available. I have formed the view after listening to all the parties, including the Tasmanian Farmers and Graziers Association with regard to the urgent need to gain access to superphosphate so as to protect some 546 million dollars worth of agriculture and downstream processing products, that the situation and circumstances of this dispute now requires the Commission to act decisively. This is necessary in order to provide the best possible opportunity for the picket line and strikes at PMEZ to be resolved thereby enabling a return to work today. This will also enable the issues relating to the retrenchments to be addressed in a better environment than is currently the case. Accordingly I have decided to issue this Order requiring PMEZ to provide the information of where the retrenchments are to be effected by departments, sections and areas. This information is to be provided to the Commission by 2.00pm, 13 October 1993.
R.K. Gozzi |