T5315
TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Coles Supermarkets Australia Pty Ltd and Shop Distributive and Allied Employees Association,
Industrial dispute - enterprise bargaining - strike action - recommendation REASONS FOR DECISION This application, lodged by Coles Supermarkets Australia Pty Ltd (the employer), pursuant to section 29 of the Act, was for the purpose of settling an industrial dispute between the employer and the Shop Distributive and Allied Employees Association, Tasmanian Branch (the union). The details of the dispute as outlined in the application are as follows -
The union has been negotiating an enterprise agreement with the employer which is a perfectly legitimate pursuit. However, any proposed agreement must be consistent with the continuing implementation, at the enterprise level, of the Structural Efficiency Principle, thus ensuring that existing structures are relevant to modern competitive requirements of the enterprise and are in the best interests of both employers and employees. It should also be noted that any increases in wage rates arising out of enterprise bargaining must be based on the actual implementation of efficiency measures designed to effect real gains in productivity. Given the foregoing it is my strong recommendation -
If (1) and (2) above are adopted and if the parties fail to reach their mutual objectives, the Commission will, at the request of either party, undertake a conciliation and/or facilitation role to assist them in reaching agreement. To that end the Commission will reconvene at 2.15pm on Monday, 19 December, 1994, at which time the parties will be expected to report progress on their negotiations. In view of the comments made by the employer during the course of this hearing I would expect every attempt be made to resolve the dispute prior to the resumption of this hearing.
R J Watling Appearances: Date and place of hearing: |