T5021
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 The AWU-FIME Amalgamated Union, and Pasminco Metals - EZ
Industrial Dispute - engagement of additional employees RECOMMENDATION From the preliminary submissions made by the applicant, The AWU-FIME Amalgamated Union, Tasmania Branch (AWU-FIME) in this matter, it is apparent that this dispute is heavily intermeshed with the eight employees retrenched last year and who are now awaiting the outcome of Full Bench appeal deliberations. The situation has now arisen where additional labour is required to be engaged by Pasminco Metals - EZ (Pasminco). The proposed recruitment of extra labour has resulted in this dispute notification being made. Primarily the concern of the AWU-FIME and its members who are employees at Pasminco is that the new engagements would somehow prejudice the employment prospects of the eight employees retrenched last year. This clearly is not the case. The fate of the eight employees in question will be determined by the Appeal Bench. The parties have clearly indicated that they will abide by the Appeal Bench decision, whatever form it takes, and that is the way it should be. Accordingly the real issue in this dispute goes to the concerns current employees have about the impact on their retrenched colleagues, that is the eight people in question, in the event Pasminco engage additional labour ahead of the decision of the Full Bench. Clearly the employment of additional people has no impact on those eight employees at all because, as I have said, their circumstances will be decided by the Full Bench and I indicate again, the parties have stated that they will abide by that Full Bench decision. However I recognise that employees at Pasminco are uncertain about the future prospects for the eight people in question which will be the case until the Appeal Bench hands down its decision. In the circumstances my intention is, in the interests of industrial harmony and in order to avoid strike or other industrial action, to adjourn this matter until next Wednesday. Accordingly I recommend that until that time the status quo be maintained. I also recommend that if and when the Full Bench decision is handed down, in keeping with the undertaking of the parties to abide by that decision, whatever form it takes, that the recruitment processes are initiated. My further recommendation is that no industrial action should be taken by employees against that recruitment process on the basis that the Appeal Bench decision will determine the future course for the eight employees in question.
R K Gozzi Appearances: Date and Place of Hearing: |