TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.55 application for filing of an industrial agreement

Australian Rail, Tram and Bus Industry Union
Tasmanian Branch

Automotive, Food, Metals and Engineering Union

Construction, Forestry, Mining and Energy Union
Tasmanian Branch

Electrical, Electronic, Plumbing and Allied Workers Union
of Australia

Emu Bay Railway Company Limited
(T.5180 of 1994)

EMU BAY RAILWAY ENTERPRISE BARGAINING AGREEMENT 1994

Industrial agreement - enterprise bargaining

REASONS FOR DECISION

This is an application for filing an industrial agreement pursuant to section 55(2) of the Industrial Relations Act 1984. The agreement, known as the Emu Bay Railway Enterprise Bargaining Agreement 1994, is between the Australian Rail, Tram and Bus Industry Union, Tasmanian Branch, the Automotive, Food, Metals and Engineering Union, the Construction, Forestry, Mining and Energy Union, Tasmanian Branch, the Electrical, Electronic, Plumbing and Allied Workers Union of Australia and the Emu Bay Railway Company Limited and was negotiated over a two year period.

The agreement gives effect to earlier negotiations between the parties to the Emu Bay Railway Award honouring the commitment given in Clause 12 - Award Review of the Emu Bay Railway Award which states -

"The parties are committed to an ongoing review of the terms of the Emu Bay Railway Award. The changes to the award may provide for more flexible working arrangements, more flexible hours of work, enhanced skill levels, improved job satisfaction and any other matter concerning the parties."

This enterprise bargaining agreement was negotiated as a single bargaining unit and is divided into two areas:

1. Railways and Maintenance Handling; and

2. Engineering workshops.

The objectives of the agreement are as follows:

1. to address and implement all major issues and recommendations identified in the EBR Strategic REview applicable to the Railway and Materials Handling Group and Engineering Workshops.

2. to address all outstanding claims on EBR by the Railway and Materials Handling Group and the Engineering Workshops.

The EBR Stategic Review was a vehicle for change and review of the EBR operations, particularly in light of the Mt Lyell closure and weak world metal prices.

This strategic review had input and discussions from the workforce and unions. It was carried out over a period of 7 months and identified -

(a) Four (4) key items impacting on business performance.

(b) Five (5) main recommendations which identified 35 major components to tackle in the enterprise bargaining process across the site.

The parties informed the Commission that all 35 major review recommendations had been completed and all objectives had been met. Whilst not being exhaustive they include:

1. Pre Mt Lyell closure manpower allocation;
2. Post Mt Lyell closure manpower allocation;
3. Traffic and `Driver Only Operations';
4. Emergency procedure for `Driver Only Operations';
5. Rules and regulations of the Emu Bay Railway Company;
6. Quality awareness training;
7. Training audits;
8. Bulk handling;
9. Trialling of self managed work teams;
10. Work allocation arrangements;
11. Supplementary labour;
12. Workshop cleaning;
13. More flexible arrangements for rostered leisure days;

The agreement -

(a) is based on annualised salary systems;

(b) has a life of 36 months;

(c) provides for a 3% increase in salaries every 12 months during the life of the agreement;

(d) contains a no extra claims commitment.

The commencement date to be used for the purpose of establishing the life of the agreement shall be 5 Setpember 1994.

At the conclusion of the hearing on 5 September 1994, I gave a decision on transcript which endorsed the agreement, as it was extremely comprehensive and did not, in my view, contravene the Public Interest requirements of the Act, which the Commission is required to consider when dealing with section 55 applications.

That decision is now confirmed.

Having approved the agreement in accordance with the wishes of the parties it is now referred to the Registrar in accordance with the requirements of section 56(1) of the Act.

R J Watling
COMMISSIONER

Appearances:
Messrs W Neil and G Bates for the Australian Rail, Tram and Bus Industry Union, Tasmanian Branch.
Messrs M Grey and J White for the Construction, Forestry, Mining and Energy Union, Tasmanian Branch.
Messrs D Price, D Norton-Smith, P Anderson and M Smith for the Automotive, Food, Metals and Engineering Union and the Electrical, Electronic, Plumbing and Allied Workers Union of Australia.
Messrs R Evatts and D Tucker for the Emu Bay Railway Company Limited.

Date and place of hearing:
1994
Sept 5
Devonport, Tas.